CORRECTION TO DECISION

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1 [2014] FWCA 7587 CORRECTION TO DECISION Fair Work Act 2009 s Application for approval of a single-enterprise agreement The University of Queensland (AG2014/7196) THE UNIVERSITY OF QUEENSLAND ENTERPRISE AGREEMENT Educational services COMMISSIONER BOOTH BRISBANE, 30 OCTOBER 2014 Application for approval of The University Of Queensland Enterprise Agreement [1] The decision issued by the Fair Work Commission on 24 October 2014 in [2014] FWCA 7587 (PR557041) is corrected as follows:- By deleting paragraph [4] in its entirety and renumbering the remaining paragraphs accordingly. COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code A, AE PR557252> 1

2 [2014] FWCA 7587 DECISION Fair Work Act 2009 s Application for approval of a single-enterprise agreement The University of Queensland (AG2014/7196) THE UNIVERSITY OF QUEENSLAND ENTERPRISE AGREEMENT Educational services COMMISSIONER BOOTH BRISBANE, 24 OCTOBER 2014 Application for approval of The University Of Queensland Enterprise Agreement [1] An application has been made for approval of a single enterprise agreement known as The University Of Queensland Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The University of Queensland. [2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. [3] On 22 October 2014 an undertaking was provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement. [4] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement. [5] The following employee organisations who are bargaining representatives for the Agreement have given notices under s.183 of the Act that they want the Agreement to cover them, the: National Tertiary Education Industry Union United Voice; Australian Municipal, Administrative, Clerical and Services Union; and Together Queensland, Industrial Union of Employees. In accordance with s.201(2) I note that the Agreement covers the organisations. 1

3 [2014] FWCA 7587 [6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October The nominal expiry date of the Agreement is 31 March COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code T, AE PR557041> 2

4 The University of Queensland Enterprise Agreement

5 TABLE OF CONTENTS CLAUSE SUBJECT PAGE Table of Contents 2 Title 5 CHAPTER 1 APPLICABLE TO ALL STAFF MEMBERS PART A: ARRANGEMENT AND APPLICATION ARRANGEMENT 1. Definitions 5 2. Date and Period of Operation 7 3. Parties, Awards and Agreements 7 4. Renegotiation 8 5. University Policies 8 6. Consultation 8 7. Facilitation of Union Involvement 9 8. Availability of Agreement Collective Relations Work Health and Safety EEO/Anti-Discrimination Continuity of Processes and Arrangements No Extra Claims Enforceability Dispute Settlement Procedures 12 APPLICATION 16. Aboriginal and Torres Strait Islander Employment Modes and Types of Employment Continuing Employment Research (Contingent Funded) Employment Fixed-term Employment Casual Employment Part-time Employment Individual Flexibility Arrangements Intellectual Freedom Transfer and Travel Between University Locations Pre-Retirement Arrangements No Compulsory Retirement Age 25 PART B: SALARIES AND RELATED MATTERS 28. Salaries and Salary Increases Salary Packaging Payment of Salary Superannuation 27 PART C: STAFF DEVELOPMENT AND RELATED MATTERS 2

6 32. Staff Development and Career Planning Supervisor Training Enterprise Agreement Training 28 PART D: DISCIPLINARY ACTION AND TERMINATION OF EMPLOYMENT MATTERS 35. Decisions on Disciplinary action and termination of Employment Probation Termination During Probationary Employment Continuing 30 Academic Staff 38. Misconduct/Serious Misconduct Unsatisfactory Performance Committees of Review Termination of Employment Medical Conditions Affecting Performance Grievances Certificate of Employment 45 PART E: CONSULTATION ON MAJOR CHANGE 45. Job Security Organisational Change Restructuring, Redeployment and Redundancy Outsourcing Use of Contractors 54 PART F: LEAVE 50. Leave Entitlements Transfer on Return from Parental Leave Public Holidays Leave Without Pay 62 CHAPTER II: ACADEMIC STAFF SALARIES AND RELATED MATTERS 54. Academic Freedom Career Development for Casual Academic Staff Criteria for Academic Performance Salary movement within an Academic Level Clinical Loadings and State Supplementary Loadings Academic Staff Workloads Staff Appraisal Academic Staff Supervision Early Career Academic Appointments 67 CHAPTER III: PROFESSIONAL STAFF SALARIES AND RELATED MATTERS 63. Staff Salaries Evaluation of Professional Staff Positions Voluntary Variable Weeks/Annualised Salary Program Casual Minimum Hours Eligibility for Casual Professional Staff Conversion 72 3

7 68. Allowances Indexation of Allowances Hours and Work Patterns Annual Review Professional Staff Workloads 91 CHAPTER IV: LANGUAGE TEACHERS ENGAGED IN ICTE STAFF SALARIES AND RELATED MATTERS 73. Definitions Mode of Employment and Related Matters Conversion to Fractional Appointment Salary Rates Hours of Work and Overtime Workloads Class Size Staff Recognition and Development Program Action Research and Materials Development Voluntary Level/Course Convenors Non-Specific Duties Days Conference/Workshop Attendance Study and Examination Leave for TESOL Language Teachers 97 SCHEDULES Schedule 1 Policies 103 Schedule 2 Academic Staff Salaries 106 Schedule 3 Duties and Pay Calculations of Casual Academic Staff 109 Schedule 4- Professional Staff Salary Rates 114 Schedule5 Salaries for ICTE TESOL Language Teachers 116 Schedule 6 - Classification Structure and Job Descriptors (Professional 118 Staff) Schedule 7 - The Heron Island Research Station Professional Staff 134 Schedule Schedule 8 - Security Shift Superintendents Schedule 137 Schedule 9 Veterinary Nurse and Veterinary Technician Schedule 138 Schedule 10 Customs House Schedule 142 Schedule 11 Institute for Social Science Research 155 Schedule 12 Professional Staff Allowances 156 Schedule 13 Academic Level Descriptions 160 4

8 CHAPTER I: APPLICABLE TO ALL STAFF PART A: APPLICATION AND ARRANGEMENT ARRANGEMENT TITLE This Agreement shall be known as The University of Queensland Enterprise Agreement DEFINITIONS 1.1 "Academic staff means all persons employed by the University other than: (a) Professional staff; or (b) Language Teachers in the Institute of Continuing and TESOL Education (ICTE-UQ). 1.2 Academic Staff Consultative Committee (ASCC) means the Committee established in accordance with clause Apprentice or trainee means a staff member employed pursuant to an apprenticeship or traineeship approved by the relevant state or federal training authority. 1.4 ASU means Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch. 1.5 Career stream means a group of occupations related by function. Career streams are listed in the relevant University policy. 1.6 Consultation means meaningful discussion of issues and provision of information in the spirit of the description provided by Commissioner G. Smith: Consultation is not perfunctory advice on what is about to happen. Consultation is providing the individual, or other relevant persons, with a bona fide opportunity to influence the decision maker. Consultation is not joint decision making or even a negative or frustrating barrier to the prerogative of management to make decisions. Consultation allows the decision making process to be informed, particularly as it may effect the employment prospects of individuals. [CPSU vs Vodafone Network Pty Ltd PR912122] In this agreement consultation with staff will be taken to mean: (a) Consultation with a single staff member and where they so choose, their representative; and (b) Consultation with a group of staff, and where they so choose, representative(s) of that group. 1.7 "Gross salary" means the total dollar figure determined for the salary of a person at the particular scale by the relevant industrial instrument(s), prior to any deductions nominated by the staff member or the packaging of any remuneration benefits. Employer superannuation contributions shall not constitute part of 'gross salary' as defined. 1.8 Language Teacher means a qualified staff member engaged in ICTE-UQ to conduct, teach, prepare and assess English language classes for speakers of other languages and to perform any or all of the following teaching related duties as may be required: consulting with students outside 5

9 class times; participating in the development of teaching materials; conducting multi-media classes; marking and assessing assignments and examinations; and participating in student TESOL activities. 1.9 "NTEU Branch" means the University of Queensland Branch of the National Tertiary Education Industry Union Organisational change means a process of major change in an organisational unit which significantly affects reporting relationships or which significantly varies the duties and/or workloads of more than one position "Organisational unit" means a School, Faculty, Institute, Centre or Division or part thereof, or other grouping otherwise agreed by the parties to this Agreement Professional staff means all persons employed by the University other than: (a) Academic staff; or (b) Language Teachers in ICTE-UQ Professional Staff Consultative Committee (PSCC) means the Committee established in accordance with clause Together means Together Queensland, Industrial Union of Employees "Relevant Senior Executive" means such senior officer(s) of the University as designated by the Vice-Chancellor and President to undertake prescribed responsibilities pursuant to this Agreement. The Relevant Senior Executive is: (i) for Professional Staff, the Chief Operating Officer or another officer nominated by the University; (ii) for Academic Staff, the Pro-Vice-Chancellor or another officer nominated by the University; (iii) for TESOL Language Teaching Staff, the Deputy Vice-Chancellor (International) or another officer nominated by the University Representative can be another member of staff, a Union representative and/or, at the choice of the staff member(s) involved, a nominee of a party to this Agreement provided that the representative is not a currently practising solicitor or barrister. A staff member, should they so choose, may request a representative for any matter that affects them Research Professional staff means Professional staff engaged on research projects and who are doing non-academic work similar to that carried out by Professional staff not engaged on research projects, but subject to working arrangements determined by the needs of the research projects Restructuring means a process of major change in an organisational unit which involves the need for a reduction in the number of staff, with the possibility that retrenchments might result Provost means the Provost or such senior officer of the University designated by the Vice- Chancellor and President. 6

10 1.20 "Supervisor" means the person responsible for day to day supervision of a staff member or other person so designated by the University "Termination of employment" means termination of employment at the initiative of The University TESOL Language Teachers Consultative Committee (TLTCC) means the Committee established in accordance with clause "The Act" means the Fair Work Act 2009 (Cth), as amended from time to time The PPL means the University Policy and Procedures Library maintained and published on The University s website, (as amended, retitled and / or renumbered from time to time) "The University" means The University of Queensland Together means Together Queensland, Industrial Union of Employees "Union" means one of the unions party to this Agreement in accordance with clause United Voice means the union known as United Voice Vice-Chancellor and President means the Vice-Chancellor and President or their nominee. 2. DATE AND PERIOD OF OPERATION 2.1 This Agreement shall come into force seven (7) days from the date of approval by the Fair Work Commission and will have a nominal expiry date of 31 March PARTIES, AWARDS AND AGREEMENTS 3.1 This agreement has been negotiated between The University of Queensland on one hand and the NTEU, Together, ASU, and United Voice on the other ( the Parties ). 3.2 This Agreement shall be binding in its terms upon: The parties; and Academic Staff, Professional Staff and Language Teachers as defined by this Agreement, with the exception of staff members employed: (a) in the positions of Vice-Chancellor and President, Provost, Deputy Vice-Chancellors, Pro Vice- Chancellors, Executive Deans, Directors of Institutes and such other positions at a similar level; and (b) in positions classified at Higher Education Worker Level 10 and above. 3.3 Staff members appointed to positions listed in subclause 3.2(a) and (b) above, as at the date of approval of this Agreement by the Fair Work Commission, will continue to be covered by the terms 7

11 of this Agreement and of any individual contractual agreements until such time as their existing contract expires (where relevant) or their conditions of employment are renegotiated. 4. RENEGOTIATION 4.1 The Parties will commence the renegotiation of this Agreement prior to the end of January 2017, at which time logs of claim will be exchanged. 4.2 The Parties will seek to conclude renegotiations for a new Agreement within one month either side of the nominal expiry date of this agreement. 5. UNIVERSITY POLICIES 5.1 The Parties to this Agreement acknowledge that it is established custom and practice within the University that consultation on staff matters take place with staff, including through the relevant staff consultative committee(s). 5.2 The policies referred to in Schedule 1 of this Agreement shall be read in conjunction with this Agreement but do not form part of the Agreement. 5.3 No additions, deletions or any other changes (that have the effect of changing employment conditions) will be made to the policies referred to in Schedule 1 without reasonable notice to and prior consultation with the relevant staff consultative committee(s) and affected staff. 6. CONSULTATION 6.1 Key mechanisms for communication and consultation include but are not limited to: A. An Academic Staff Consultative Committee (ASCC); B. A Professional Staff Consultative Committee (PSCC); C. A TESOL Language Teachers Consultative Committee (TLTCC); and D. Faculty, Institute, School, Centre and team level meetings. A. Academic Staff Consultative Committee The Academic Staff Consultative Committee (ASCC) shall consist of: (a) Chair: Relevant Senior Executive; (b) up to three other representatives of University management; (c) two Academic staff members elected by and from the continuing and fixed-term Academic staff of the University, including research-only staff; and (d) two members nominated by the NTEU Branch. Alongside other avenues of consultation, the ASCC will provide for direct consultation between staff, Unions and the University on workplace relations and human resource matters in relation to Academic staff. In the event of a casual vacancy of an ASCC staff representative, a replacement representative will be nominated by the remaining staff representatives. 8

12 B. Professional Staff Consultative Committee A Professional Staff Consultative Committee (PSCC) shall consist of: (a) up to five representatives of University Management; and (b) five Professional staff members, or representatives, nominated by the Unions bound by this Agreement. Alongside other avenues of consultation, the PSCC will provide for direct consultation between staff, Unions and the University on workplace relations and human resource matters in relation to Professional staff. In the event of a casual vacancy of a PSCC staff representative, a replacement representative will be nominated by the Unions bound by this Agreement. C. TESOL Language Teachers Consultative Committee A TESOL Language Teachers Consultative Committee (TLTCC) shall consist of: (a) three members nominated by the Director, ICTE UQ; (b) two member of staff nominated by the NTEU; and (c) one member of staff elected by the TESOL teaching staff. The Committee shall meet three times annually and further meetings may be arranged as mutually agreed, to maintain the process of consultation about changes to the organisation or performance of work in the TESOL area of ICTE-UQ, and to consider teaching related matters. In the event of a casual vacancy of a TLTCC staff representative, a replacement representative will be nominated in a manner reflecting the respective requirements of clauses 6.1C(b) and (c). The practice of regular meetings of TESOL staff at which teachers have the opportunity to receive updated information from management, comment on major changes at the workplace and to raise issues of general concern will be maintained. 6.2 Each Committee member must be in a position to discharge their function as a member of the relevant consultative committee free from actual or perceived conflict of interest. Where an actual or perceived conflict of interest is identified a replacement member will be nominated by the relevant party as appropriate. 7. FACILITATION OF UNION INVOLVEMENT 7.1 Union Officials or representatives must act in accordance with the Right of Entry and associated provisions of the Fair Work Act 2009 (Cth) (as amended from time to time). 7.2 Facilitation of discussions The University recognises the contribution of effective union organisation to productive workplace relations as well as assisting staff in understanding their terms and conditions of employment contained within the provisions of this Agreement. To facilitate this, the following arrangements are available: (a) In relation to enterprise bargaining to: 9

13 (i) facilitate reasonable involvement of staff acting as Union representatives in the enterprise bargaining process as part of normal duties and to resource this involvement at a reasonable level. (b) In relation to discussions on employment conditions to: (i) (ii) (iii) support the attendance of recognised Union delegates at one Union meeting per month by allowing such staff to be absent from duty without loss of salary for 1 hour and 15 minutes on each occasion. When taken in conjunction with a lunch break, a two (2) hour meeting without loss of salary is possible. This commitment is subject to the relevant Unions providing the University with a list of the names of staff elected as delegates and such named persons providing their relevant supervisor with reasonable notice of their attendance at such meetings. The University will notify supervisors of recognised Union delegates of its commitment to facilitating Union involvement under this clause; support staff attendance at four (4) Union meetings per calendar year. The university will allow staff to be absent from duty without loss of salary for 1 hour and 15 minutes on each occasion. When taken in conjunction with a lunch break, a two (2) hour meeting without loss of a salary is possible. This commitment is subject to the provision of reasonable notice by the Union parties to this Agreement of an intent to call such a meeting in accordance with the relevant provisions of the Fair Work Act 2009 (Cth); and access of up to five (5) days leave with pay for trade union training for recognised Union delegates. 7.3 Facilities The University will: (a) Provide the University of Queensland Branch of the NTEU, and (where requested) the United Voice, ASU and Together, an office on the St Lucia campus and access to University telephone, mail and facsimile systems on a user-pay basis, under a licence to occupy at a rate commensurate with associated University entities; (b) Allow Union delegates and the NTEU Branch to book rooms for meetings with University staff through the University s room booking systems. Room bookings will be provided subject to availability. The University agrees to provide rooms booked in this way at no charge; (c) Provide staff Union delegates with occasional use of existing phone, and filing facilities for the purpose of undertaking union activities. Use of such facilities should be such that it does not affect service delivery and/or work requirements. A list of Union delegates will be provided to the Director of Human Resources by the respective Unions, on approval of this Agreement by the Fair Work Commission, and updated as required; and (d) Allow staff access to Union delegates during work hours to discuss any employment matter or seek Union advice, provided that such access does not affect service delivery and/or work requirements. 10

14 7.4 Payroll Deductions From the date of approval of the Agreement, unless otherwise advised by a relevant Union, the University will provide payroll deduction facilities for staff members to nominated Union accounts for the payment of union membership fees by agreement in relation to process with the relevant union. An administration fee of 5% of the deducted amount for providing the deduction will apply. 8. AVAILABILITY OF AGREEMENT 8.1 A copy of this Agreement will be accessible via the internet from the University of Queensland s homepage. 9. COLLECTIVE RELATIONS 9.1 Except as otherwise set out in this Agreement, the University will conduct employment relations during the life of this Agreement on the basis of collective arrangements, in accordance with the Fair Work Act 2009 (Cth) (as amended from time to time). 10. WORK HEALTH AND SAFETY 10.1 With the active collaboration of all staff, the University seeks to promote a safe and healthy work environment for its staff. This is pursued through the effective operation of the Vice-Chancellor s Risk and Compliance Committee, Occupational Health and Safety Forum, and Faculty, Institute and other Occupational Health and Safety Committees, in accordance with the University s enterprise risk management framework, applicable University policies and relevant national and state legislation. 11. EEO/ANTI-DISCRIMINATION 11.1 The University seeks to promote equal employment opportunity at the University through the effective operation of the relevant committees, policies and organisational arrangements It is the intention of the University to respect and value the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, trade union activity, political opinion, national extraction or social origin. The University and its staff will act in accordance with the relevant University policies. 12. CONTINUITY OF PROCESSES AND ARRANGEMENTS 12.1 Processes (including their applicable procedures) including but not limited to misconduct/serious misconduct; organisational change; restructuring; unsatisfactory performance; medical conditions affecting performance; and classification of Professional staff positions that commenced prior to the approval by the Fair Work Commission of this Agreement will continue in accordance with the procedures in place at the time of commencement of the relevant process This Agreement will not render void any local arrangement or agreement that was in place at the time of approval by the Fair Work Commission except to the extent of any inconsistency with entitlements contained in this Agreement. 11

15 13. NO EXTRA CLAIMS 13.1 The parties to this Agreement agree not to pursue any further claims prior to the nominal expiry date of this Agreement. 14. ENFORCEABILITY 14.1 The parties agree that this Agreement is made in accordance with and its terms are enforceable pursuant to the Fair Work Act 2009 (Cth) (as amended from time to time). 15. DISPUTE SETTLEMENT PROCEDURE 15.1 It is agreed that the University and all staff have an interest in the proper application of this Agreement and in minimising disputes about the proper application of the Agreement With the exception of determinations listed in Clause 15.3, the matters to be dealt with in this procedure shall include all disputes between a staff member and the University and/or the Unions and the University in respect to any matter arising under this Agreement or the National Employment Standards Where a determination is made by the Relevant Senior Executive, Provost or Vice-Chancellor and President following the proper application of the clauses listed below, that determination cannot be the subject of a dispute under the Dispute Settlement Procedure: (a) Clause 38 Misconduct/Serious Misconduct ; (b) Clause 39 Unsatisfactory Performance ; (c) Clause 42 Medical Conditions Affecting Performance ; (d) Clause 47 Restructuring, Redeployment and Redundancy These procedures shall apply to a single staff member or to any number of staff members. The Unions covered by this Agreement may also, on behalf of a member or members, raise matters which require resolution through this disputes procedure Nothing herein prevents at any time throughout this procedure: (a) (b) A staff member who is a party to the dispute being represented by their Union or by another representative of their choice; or The University being represented Step One In the event of a staff member(s) and/or Union(s) covered by this Agreement having a dispute, the staff member and/or their Union or another representative of the staff member s choice shall in the first instance raise the issue with the relevant senior manager and notify the Human Resources Division. The parties to the dispute will attempt to reach written agreement on the resolution of the matter within five (5) working days. Where the dispute concerns alleged actions of the relevant senior manager, the staff member(s) may bypass this level in the procedure and report the matter to the Director, Human Resources Where the dispute is being raised by the University, in the first instance, the matter is to be raised by the relevant senior manager with the staff member or members concerned and the relevant Union/s or another representative of the staff member s choice. 12

16 15.7 Step Two If the dispute is not resolved within ten (10) working days of the notification, the staff member, their union or another representative of the staff member s choice or the Director Human Resources or nominee may refer the matter to the Relevant Senior Executive who will convene a conference of the parties to the dispute, including the relevant Union(s) or representative(s) of the staff member. Such conference shall take place within five (5) working days of such a request, unless otherwise agreed Step Three If the dispute remains unresolved after the parties to the dispute have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be provided to the Fair Work Commission The Fair Work Commission may deal with the dispute in two (2) stages: (a) The Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) If the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: (i) arbitrate the dispute; and (ii) make a determination that is binding on the parties Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue Until the procedures described in this clause, including those procedures involving the Fair Work Commission, have been exhausted, the status quo that existed prior to the actions which gave rise to the dispute shall be maintained and the parties to the dispute shall not change work, staffing or the organisation of work if such is the subject of a dispute, and not take any other action likely to exacerbate the dispute All parties to the dispute shall give due consideration to matters raised or any suggestion or recommendation made by the Fair Work Commission with a view to the prompt settlement of the dispute Discussions at any stage of the procedure shall not be unreasonably delayed by any party to the dispute, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered beyond the timeframes prescribed in this clause, it shall be open to any party to the dispute to make an application to the Fair Work Commission for the Commission to deal with the dispute. 13

17 APPLICATION 16 ABORIGINAL AND TORRES STRAIT ISLANDER EMPLOYMENT 16.1 The University is committed to reconciliation with Indigenous Australians and seeks to promote the implementation of its Aboriginal and Torres Strait Islander Peoples Employment Strategy, which includes the following principles: (a) a supportive working environment for Aboriginal and Torres Strait Islander staff, which requires actions that address racism, support equal employment opportunity and respect the culture and heritage of Aboriginal and Torres Strait Islanders; (b) consultation about the strategy with Aboriginal and Torres Strait Islander staff and communities, the Unions and other stakeholders; (c) increasing and encouraging Aboriginal and Torres Strait Islander employment and participation at all levels of work activity, including the referencing of numerical targets consistent with the requirements of this Agreement; (d) facilitating and encouraging direct involvement of Aboriginal and Torres Strait Islander employees in determining their own career strategies; and (e) ensuring effective staff development for Aboriginal and Torres Strait Islander staff The University has an aspirational target of 2.8% of Aboriginal and Torres Strait Islander employment across the University The University has established an Aboriginal and Torres Strait Islander Employment Committee which will include two Union representatives, at least one of whom will be Indigenous To assist in reaching the aspirational target in 16.2, over the life of this Agreement the University will increase Aboriginal and Torres Strait Islander employment to 1.4% of full time equivalent University staff by 31 March Should it be apparent to the Parties to this Agreement that the target in 16.4 may not be met, the parties will confer, in consultation with the Aboriginal and Torres Strait Islander Employment Committee with a view to determining what reasonable measures should be taken to increase Aboriginal and Torres Strait Islander employment to 1.4% of full time equivalent University staff. The implementation of the measures so agreed between the parties shall be taken as compliance with clause 16.4 and as such the parties agree that a dispute under clause 15 cannot be taken in relation to clause To facilitate the implementation of this clause, the University will appoint and maintain the position of an Indigenous Employment Coordinator. This position will be an identified Indigenous position. The University will provide a report to the Staff Consultative Committees on Aboriginal and Torres Strait Islander employment at the University at least every six (6) months For the purpose of this clause a person of Aboriginal and/or Torres Strait Island descent is a person who identifies as an Aboriginal and/or Torres Strait Island person and is accepted as such by their community. 14

18 17. MODES AND TYPE OF EMPLOYMENT 17.1 Nothing in this Agreement limits the number or proportion of staff that the University may employ in a particular type of employment unless otherwise specified in this Agreement. (a) Appointments general statement The University may engage a person as a staff member in accordance with this Agreement on terms that correspond with the following types of employment: (i) continuing employment (clause 18); (ii) research (contingent funded) employment (clause 19); (iii) fixed-term employment (clause 20); (iv) casual employment (clause 21); and (v) part-time employment (clause 22) The University will provide the Staff Consultative Committee(s) with a breakdown of modes and types of employment by full-time equivalent staff numbers and by organisational unit twice per annum. 18. CONTINUING EMPLOYMENT 18.1 Continuing employment means all employment other than fixed-term, research (contingent funded) employment, or casual employment. Continuing employment continues until termination at the initiative of either the employer or the staff member in accordance with the relevant provisions of this Agreement. 19. RESEARCH (CONTINGENT-FUNDED) EMPLOYMENT Purpose 19.1 Research (Contingent-Funded) Employment (RCFE) represents a form of employment status available to fixed-term staff whose employment is funded by contingent funding, and who are to be appointed to their second or subsequent consecutive contract. Research (Contingent-Funded) employment is a means by which the University may recruit and retain staff, bridging the gaps between fixed-term contracts linked to funding arrangements. It is not continuing employment as defined by clause It is however a potentially renewable form of fixed-term appointment dependent on funding being available. Definitions 19.2 Contingent funded research is research funded by limited term funding provided from external sources. It is not research which funded in full or in part through an operating grant from Government or funding comprised of payment of fees made by or on behalf of students. Eligibility 19.3 A staff member engaged in contingent funded research may apply for, or be offered, a RCFE contract where the staff member: (a) Is to be appointed to their second or subsequent consecutive contract; and (b) The staff member has been employed by the University for a period of 12 months or more. 15

19 An Executive Dean or Institute Director may, at their absolute discretion, offer a RCFE contract notwithstanding that not all of the above criteria are satisfied Applications from a staff member seeking an RCFE contract must be made in writing to the relevant Executive Dean or Institute Director, who will advise the staff member in writing of the outcome within 30 days of receiving the application. An application may be refused on reasonable grounds. Reasonable grounds include: (a) (b) (c) (d) (e) (f) (g) Conditions the criteria in clause 19.3 are not satisfied, and the Executive Dean or Institute Director declines to exercise their discretion; or where it is unlikely that there will be sufficient revenue or funding available to provide ongoing support for the staff member s employment beyond a further three (3) year period; or the staff member s performance has not been assessed as satisfactory; or the staff member is performing work which is predominantly related to discontinued, or discontinuing programs or a disciplinary area that is not being actively pursued by the University; or the staff member does not have sufficiently transferable skills that would reasonably enable the University to redeploy the staff member to another position within the University upon expiration of the existing research grant; or the staff member is a student, and their status as a student was the primary reason for their appointment. the staff member is a genuine retiree (including a staff member who elected to change from continuing employment to a pre-retirement contract) Subject to clause 19.6 below, staff on RCFE will receive the same entitlements as continuing staff, including superannuation Unless otherwise provided for in this clause, the following provisions in this Agreement do not apply to staff on Research (Contingent Funded) employment: (a) (b) (c) Organisational Change/ Restructuring provisions where funding for continuation of a Research (Contingent Funded) position ceases. Termination of Employment, Notice Periods and Redundancy provisions including payments that apply to staff employed on a Continuing contract of employment. Staff employed on other types of fixed-term employment or employment schemes as specified elsewhere under this Agreement Where a staff member is employed on a Research (Contingent Funded) contract and the funding ceases for whatever reason, the University may take one of the following actions in order to avoid immediate termination of employment on the cessation of the Contract, noting that ordinarily Notice would have been given: (a) The University may transfer the staff member to another equivalent position for the period of the Notice; 16

20 (b) The staff member may be employed for the period of the Notice using other available funding at the discretion of the relevant senior manager, provided: (i) (ii) the use of such funding for employment of the staff member is for a limited period; and the Organisational Unit has a reasonable expectation that alternative research funding or a continuing appointment will become available. Effect on Notice period 19.8 (a) (b) If, during the notice period specified in the Notice Periods and Severance Payments for Research (Contingent Funded) Appointment provisions, the contingent funding for the position is renewed, the notice period ceases to apply and employment continues; If at the notice period runs and expires with an application for renewal of the contingent funding for the position still pending, the period of employment may continue to the extent of any period of paid leave to which the staff member is entitled. In addition: (i) (ii) (iii) This paid leave may be supplemented by a period of unpaid leave (if applicable) up to a maximum of twelve weeks, in order to retain the employment relationship until a decision on the contingent funding is made; or alternatively, By agreement, payment in lieu of leave (if such leave is available) may be delayed for a maximum of twelve weeks to facilitate continuation of service. A staff member may work under a temporary arrangement within the University during this period by agreement. When payment in lieu of leave is made, such leave balances will be reduced accordingly; or alternatively Payment of severance may be delayed for up to a maximum of twelve weeks to facilitate continuation of service, but will be paid on termination if it is agreed the staff member is not likely to be offered further employment by the University. (c) (d) At the end of the notice period (and any such approved leave whether or not in conjunction with the alternatives detailed above), the employment relationship will cease and the severance payment in the Severance Payments provisions (Clause in this Agreement) will be made to the staff member. A break between contracts of up to six (6) months will not constitute a break in continuity of service for the purposes of entitlements pursuant to this Agreement, but will not count as service for any purpose The supervisor will manage the above process on behalf of the University It is not the intention of this clause that the conditions of employment of a staff member be less favourable than had they been employed in a fixed-term position subject to contingent funding. That is, a staff member employed or converted to Research (Contingent Funded) Employment would normally be engaged for the term of the funding supporting the position. Accordingly, the University shall not terminate the employment of a staff member on a Research (Contingent Funded) employment unless: 17

21 (a) (b) (c) The contingent funding that supports the position ceases or is insufficient; or The inherent nature of the work required has changed significantly and the skills and experience of the staff member will not enable them to complete the requirements of the position; or Termination is due to unsatisfactory performance, or under the probation or disciplinary provisions of this Agreement Research (Contingent Funded) Employment - Notice Periods and eligibility for Severance Payments Notice periods and severance payments for Research (Contingent Funded) Employment are provided in this clause and accordingly the provisions in clause 47 of this Agreement do not apply to Research (Contingent Funded) Employment A staff member will be eligible for severance payment and notice in accordance with clauses and (below) if: (a) the employee is employed pursuant to this clause; and (b) the employment is terminated under clause (a) or (b) above; and (c) a transfer opportunity as specified in clause 19.7(iii)(a) does not exist An eligible staff member will be provided with a minimum of four (4) weeks notice of termination, or five (5) weeks if the staff member is over 45 years of age, which the University may pay in lieu of notice An eligible staff member will be provided with a severance payment in accordance with the following: Period of Continuous Service Severance pay (weeks) More than 1 year but less than 2 years 4 2 years or more but less than 3 years 6 3 years or more but less than 4 years 7 4 years or more but less than 8 years 8 8 years or more but less than 10 years years or more but less than 14 years years or more 16 18

22 20. FIXED-TERM EMPLOYMENT 20.1 Fixed-term employment means employment on a full-time or part-time basis for a specified term or ascertainable period, for which the instrument of engagement may specify the starting and finishing dates of that employment, or in lieu of a finishing date, will specify the circumstance(s) or contingency relating to a specific task or project, upon occurrence of which the term of the employment shall expire During the term of employment, the contract is not generally terminable by the University, other than during a probationary period, or for cause based upon serious or wilful misconduct, or a persistent pattern of unsatisfactory performance For the purpose of this Agreement and for the purpose of determining which provisions apply to fixed-term staff other than Long Service Leave, breaks between fixed-term employment of up to two (2) times per year and of up to six (6) weeks on each occasion shall not constitute breaks in continuous service, but shall not count as service. Periods of approved unpaid leave shall not count for service and also shall not constitute breaks in service The use of fixed-term employment must be limited to the employment of a staff member engaged on work activity that comes within the description of one or more of the following circumstances: (a) Specific task or project means a definable work activity which has a starting time and which is expected to be completed within an anticipated timeframe. Without limiting the generality of that circumstance, it will also include a period of employment provided for from identifiable funding external to the employer, not being funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students. (b) Research means work activity by a person engaged on research only functions for a contract period not exceeding five (5) years. (c) Replacement staff member means a staff member: (i) (ii) undertaking work activity replacing a full-time or part-time staff member for a definable period for which the replaced staff member is either on authorised leave of absence or is temporarily seconded away from their usual work area; or performing the duties of: (a) (b) a vacant position for which the employer has made a definite decision to fill and has commenced recruitment action; or a position the normal occupant of which is performing higher duties pending the outcome of recruitment action initiated by the employer and in progress for that vacant higher duties position until a full-time or part-time staff member is engaged for the vacant position or vacant higher duties position as applicable. (d) Recent professional practice required Where a curriculum in professional or vocational education requires that work be undertaken by a person to be engaged who has recent practical or commercial experience, such a person may be engaged for a fixed period not exceeding two (2) years. 19

23 (e) Pre-retirement contract Where a full-time or a part-time staff member declares that it is their intention to retire, a fixed-term contract expiring on or around the relevant retirement date may be adopted as the appropriate type of employment for a period of up to five (5) years. (f) Fixed-term contract employment subsidiary to studentship Where a person is enrolled as a student, employment under a fixed-term contract may be adopted as the appropriate type of employment for work activity, not within the description of another circumstance in the preceding paragraphs of this clause, that is work within the student s academic unit or an associated research unit of that academic unit and is work generally related to a degree course that the student is undertaking within the academic unit, provided that: (i) (ii) such fixed-term contract employment will be for a period that does not extend beyond, or that expires at the end of, the academic year in which the person ceases to be a student, including any period that the person is not enrolled as a student but is still completing postgraduate work or is awaiting results; and that an offer of fixed-term employment under this paragraph must not be made on the condition that the person offered the employment undertake the studentship. (g) New Program of Study Where the University offers a new program and there is a demonstrable uncertainty as to the viability of that program, a fixed-term contract may be offered for an additional position provided that the period of use of fixed-term employment shall not exceed two (2) years. (h) Discontinued Program of Study Where a formal decision has been made to phase out an academic area represented by a program, a fixed-term contract may be offered to meet commitments to students provided that the period of use of fixed-term employment shall not exceed two (2) years. (i) Apprenticeship or Traineeship An apprentice or trainee employed pursuant to an apprenticeship or traineeship approved by the relevant training authority. An apprenticeship or traineeship will be terminable in accordance with the relevant training agreement. (j) Decrease in Enrolments Consistent with the University s commitment to the appropriate use of casual employment, fixed-term appointments may be used for up to two (2) years where: (a) (b) there is a demonstrable likelihood based on available data of a significant decrease in enrolments; and this is likely to require a reduction in future staff numbers; and 20

24 (c) there is a need, in the period leading up to the decrease in enrolments, to cover work of a type that could reasonably be expected to be affected by the decrease in enrolments. It is a requirement for the use of such fixed-term appointments that there is a correlation between the number of fixed-term appointments made and the numbers and area(s) of forecast decrease in enrolments. If at the end of the fixed-term appointment, the work is considered to be continuing, the relevant staff member(s) will be offered a continuing appointment where the staff member(s) was appointed through a merit-based selection, has demonstrated continued satisfactory performance and where no continuing staff members in substantively similar positions within the organisational area are proposed to be made redundant. (k) Organisational Change A fixed-term appointment may be offered where: (a) An organisational work area has been the subject of a decision by the University to discontinue that work within a specified timeframe, or (b) The provisions of this Agreement in relation to organisational change and restructuring (clause 46 and 47) have been initiated and there is genuine uncertainty regarding the continuing need for vacant positions, until the change is implemented. In any of the above circumstances, the period of fixed-term employment must not extend beyond the timeframe agreed and specified for the change process, and in any case must not exceed two (2) years. Where fixed-term appointments have been made under this category, any Change Proposal and implementation plan will outline how such appointments will be treated in the implementation of a new organisational structure. (l) Dentistry Clinical Internship A recent graduate from The University of Queensland School of Dentistry may be appointed for a fixed period of up to 12 months, where the primary responsibility of the position is to treat patients in the School of Dentistry. Staff appointed to these positions may make a contribution to the teaching of undergraduate students in the School of Dentistry. This is a training position which will be predominantly clinical in focus. This appointment may be renewed once for a period of up to 12 months only. For the purpose of this clause, recent graduate, means a person who has graduated from The University of Queensland School of Dentistry in the three (3) years preceding their appointment. (m) Head of School An appointment may be made to the position of Head of School for a fixed period of up to five (5) years. Where an existing staff member with a substantive continuing appointment is 21

25 appointed to a Head of School position, they will not be required to relinquish their continuing appointment. (n) Early Career Academic An appointment may be made in accordance with clause 62 Early Career Academic Appointments. 21. CASUAL EMPLOYMENT Definition 21.1 Casual employment is employment by the hour and paid a rate on an hourly basis that includes a loading related to agreement-based benefits for which a casual staff member is not eligible. A casual appointment is one where the staff member is not appointed on an ongoing basis and is normally required to work an irregular pattern of hours on an intermittent or irregular basis An essential feature of casual appointments is that there is no expectation of further employment and the appointment may be terminated in accordance with the Fair Work Act Casual staff are a valued part of the University s workforce. They will be provided with reasonable access, commensurate with available resources, to University facilities to enable them to perform University work. These include access to the library, and internet, a working space, and outof-hours access to the office as appropriate. The University supports the inclusion of casual staff in the activities and life of the organisational unit The University supports assisting suitably qualified casual staff to obtain either part-time or fulltime employment within the University where suitable vacancies arise. Existing casual staff employed at the time of advertisement of a vacancy in the University will be eligible to apply for such vacancies. As part of the merit selection process and in accordance with the relevant policy, due consideration of the contribution and experience of suitably qualified casual staff will be given by selection panels when assessing applications for such ongoing fulltime and part-time positions Loading A casual staff member will be paid a casual loading of 25% in lieu of all paid leave entitlements, except Long Service Leave where a staff member is eligible. 22. PART-TIME EMPLOYMENT 22.1 Part-time staff shall mean one engaged for a specified proportion of full-time employment. Parttime employment may be continuing, research (contingent funded) or fixed-term. A part-time staff member shall be entitled to the appropriate proportion of salary and other benefits prescribed by this Agreement, unless otherwise specified. Affected part-time cleaners engaged before 27 June 2005 will continue to receive a loading of 19% as they continue to accrue leave entitlements. 23. INDIVIDUAL FLEXIBILITY ARRANGEMENTS 23.1 This clause constitutes the flexibility term referred to in section 202 of the Fair Work Act 2009 (Cth). 22

26 23.2 The University and a staff member covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) (b) (c) (d) the arrangement permits the staff member to convert the recreation leave loading provided for in clause 50.6 to three (3) days Additional Recreation Leave ( ARL ) in accordance with the relevant policy and procedure; and the arrangement meets the genuine needs of the University and the staff member in relation to one (1) or more of the matters mentioned in paragraph (a); and the arrangement is genuinely agreed to by the University and the staff member; the arrangement does not require that anyone else approve it other than the staff member and the University The University must ensure that the terms of the individual flexibility arrangement: (a) (b) (c) are about permitted matters under section 172 of the Fair Work Act 2009; and are not unlawful terms under section 194 of the Fair Work Act 2009; and result in the staff member being better off overall than the staff member would be if no arrangement was made The University must ensure that the individual flexibility arrangement: (a) (b) (c) (d) (e) is in writing; and includes the name of the Head of Organisational Unit and the staff member; and is signed by the Head of Organisational Unit and the staff member and if the staff member is under 18 years of age, signed by a parent or guardian of the staff member; and includes details of: (i) the terms of the Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the staff member will be better off overall in relation to the terms and conditions of employment as a result of the arrangement; and states the day on which the arrangement commences The employer must give the staff member a copy of the individual flexibility arrangement within 14 days after it is agreed to The employer or staff member may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and staff member agree in writing at any time The arrangement to convert recreation leave loading to ARL will normally be entered into on an annual basis and in accordance with the relevant policy and procedure. 24. INTELLECTUAL FREEDOM 24.1 The parties to this Agreement are committed to the protection and promotion of intellectual freedom within the University Intellectual freedom includes the rights of all staff to: (a) hold and express opinions about the operations of the University and higher education policy more generally; 23

27 (b) pursue critical and open inquiry and (where appropriate) to teach, assess, develop curricula, publish and research; (c) participate, in a personal capacity, in public debates about political and social issues; (d) if appropriate, participate in public debates as a recognised expert or as a person with recognised specialist knowledge; (e) participate, in a personal capacity, in professional and representative bodies including industrial associations and to engage in community service without fear of harassment, intimidation or unfair treatment by other members of the University community; (f) express unpopular or controversial views, although this does not mean the right to harass, vilify or intimidate other persons or groups or to demean alternative points of view In the exercise of Intellectual Freedom, staff will observe the University Code of Conduct, act in a professional and ethical manner and in accordance with University policies, and will not harass, vilify, intimidate or defame the institution or its staff. 25. TRANSFER AND TRAVEL BETWEEN UNIVERSITY LOCATIONS 25.1 The parties to this Agreement acknowledge that, due to the nature of University operations, some staff positions may involve working at more than one location, or to transfer between locations Travel Where it has been agreed with the supervisor that travel for work purposes between a base location and another location is required, such travel will be provided by the University by the most cost-effective and practicable means. For Professional and TESOL staff such travel time will be considered work time; for Academic staff it will be included in workload calculations Where a staff member is required to work at an alternative workplace, not designated as a normal place of employment in the offer of appointment, the staff member would only be expected to work part of the day at the alternative location Where it is required that a Professional or TESOL staff member to either commence work or cease work elsewhere from the base location, or other normal place of work, all time necessarily spent in travelling outside normal working hours in excess of 30 minutes shall be deemed to be working time, paid at the normal rate for professional staff and the non-teaching rate for TESOL staff However, the staff member may elect to work for the whole day at the alternative workplace and travel from and to home at their own expense in their own time Transfer If a staff member elects to transfer to the new workplace, a date and arrangements for the move will be agreed with the relevant Head of Organisational Unit. For staff required to travel from their existing home to the new place of work for longer than 60 minutes by public transport, or a distance greater than 50 kilometres, the University will pay reasonable relocation expenses in accordance with the guidelines for payment of relocation expenses listed in the relevant policy. The Head may also grant up to three days special leave to undertake the move of the staff member's household Eligible staff will retain their entitlement to assistance with relocation expenses and paid special leave for two years from the time they commence work at the new location. This allows staff to move their household at a time that best suits family or other commitments. 24

28 Alternatives to transfer If the staff member is unable to continue in their existing position at the new workplace because it is not reasonably practicable to remain in their existing residence and commute to the new location the following options will be available: (a) (b) (c) redeployment (which includes a commitment to retraining); or voluntary separation; or retrenchment If it is reasonably practicable for a staff member to remain in their existing residence and commute to the new location, but the staff member does not wish to work there and the staff member cannot be redeployed, the employment relationship will be terminated. 26. PRE-RETIREMENT ARRANGEMENTS 26.1 The University has a commitment to attracting and retaining high quality staff. Staff are encouraged to remain with the University where competence, capacity and position meet mutual expectations This commitment extends to a staff member approaching or contemplating retirement from the University and their ability to make an informed decision on their retirement options Once a decision to retire is made, a smooth transition to retirement can be planned by mutual agreement between the staff member and the University. This agreement is aimed at minimising the impact on both parties, while maintaining the staff member s contribution to the University All staff with at least a 50% employment arrangement may apply, prior to retirement, for a flexible pre-retirement contract The option of applying for such a contract would be one aspect of discussions between the staff member and their supervisor during the annual performance appraisal process or at any other relevant time Further considerations on the content of the pre-retirement contract are contained in the relevant University policy In accordance with clause 20.4(e) of this Agreement, pre-retirement contracts may be for a period of up to a maximum of five (5) years. Pre-retirement contracts may be extended by agreement between the parties Subject to meeting operational requirements, no written request by a staff member to enter into a pre-retirement contract in accordance with this clause will be unreasonably refused. 27. NO COMPULSORY RETIREMENT AGE 27.1 The University will not enforce a compulsory retirement age for any staff member covered by this Agreement. 25

29 CHAPTER I: APPLICABLE TO ALL STAFF MEMBERS PART B: SALARIES AND RELATED MATTERS 28. SALARIES AND SALARY INCREASES 28.1 The salary rates for Academic, Professional and TESOL Language Teachers staff are contained in the Schedules 2, 4, 5, 8, 10 and 11. Those salaries will be increased on or from the dates set out below: 1 January % 1 January % 1 January % 28.2 The above Salary increases are in addition to previous salary increases made to staff (excluding trainees, staff on a supported wage and junior staff) since 2013: 29. SALARY PACKAGING 1 January % 1 July % 29.1 Depending upon the selected benefit staff will be eligible to sacrifice a cash component of their gross salary as determined by Australian Taxation Office and the University of Queensland policy and procedures document covering salary packaging. Salary packaging policy and procedures documents available from the University of Queensland website detail the provision of benefits available to staff The combined amount of salary packaged benefits must generally not exceed 50% of the staff member s gross base salary, except where the staff member specifically requests a higher percentage be packaged as superannuation. Gross salary is as prescribed by clause 1.7 of this Agreement. An administration fee of up to 2% for providing each benefit may apply depending on the type of benefit selected Access to salary packaging for staff who elect to pursue it will commence in the first pay period following finalisation by the relevant parties of the salary packaging arrangement. Salary packaging of gross salary only applies to future earnings and the arrangement cannot be retrospective Participation in any salary package arrangement is voluntary with freedom to choose from benefits that best meet the needs of the staff member. The University strongly suggests that staff considering salary packaging seek independent financial advice. 30. PAYMENT OF SALARY 30.1 Salary shall be paid fortnightly and by electronic funds transfer Pay details will be provided on a secure University web page so that staff can access salary details. Paper based payslips will not be provided except to staff who do not have easy access to a computer. 26

30 30.3 If salary is payable to a staff member when the staff member stops employment with the University, the wages will be paid to the staff member no later than 18 days after the employment ceases. However, staff will be entitled to earlier payment in emergency situations at the request of the staff member and approval by the Director, Human Resources A casual staff member will be paid within 22 days of submitting a completed valid claim for payment to the appropriate representative as identified by the University. 31. SUPERANNUATION 31.1 The University agrees that for the life of this Agreement, it intends to maintain the current arrangements for superannuation in respect to access to superannuation schemes and employer contribution rates that are in effect as of the date of approval of the Agreement. The schemes which the University will continue to contribute to are: (a) Unisuper Defined Benefit Division / Accumulation 2 (b) Unisuper Accumulation 1 (c) University of Queensland Superannuation Plan (AMG Universal Super) (d) Q Super Defined Benefit Plan (e) Q Super Accumulation Plan (f) Q Super State Plan 27

31 CHAPTER I: APPLICABLE TO ALL STAFF MEMBERS PART C: STAFF DEVELOPMENT AND CAREER PLANNING 32. STAFF DEVELOPMENT AND CAREER PLANNING 32.1 The University acknowledges that developing the skills and improving the abilities of staff are matters of fundamental importance to the University The University also recognises that staff development is a critical component in ensuring the University has the necessary capabilities to achieve its mission The University is committed to providing professional development opportunities to advance staff knowledge and skills and prepare them for assuming roles of increasing responsibility. Measures to achieve this include: (i) facilitating secondment opportunities where possible; (ii) advertising positions internally in the first instance where recommended by the Recruitment and Selection Manual; and (iii) the implementation of systematic and targeted staff development activities through its staff development program The parties to this agreement are committed to staff development and career planning. 33. SUPERVISOR TRAINING 33.1 The supervision of staff is an important component of their working environment. The University expects staff members to commence relevant supervisor training within three (3) months of commencement as a supervisor Supervisor training shall include: (a) (b) (c) (d) (e) (f) induction programs for supervisors upon appointment; an ongoing annual program of supervisor training; training directed towards assessment of job performance; training which includes equal opportunity and affirmative action policies and guidelines; training on staff assessment techniques and the provisions of this Agreement; training on the University Code of Conduct and related integrity matters The supervisor must undertake relevant training on assessment for the purposes of annual review prior to conducting any annual reviews of staff members. 34. ENTERPRISE AGREEMENT TRAINING 34.1 The University is committed to providing appropriate training to staff members on the application and implementation of conditions and entitlements contained in this Agreement and the legal status of this Agreement as set out in clause

32 CHAPTER I: APPLICABLE TO ALL STAFF MEMBERS PART D: DISCIPLINARY ACTION AND TERMINATION OF EMPLOYMENT MATTERS 35. DECISIONS ON DISCIPLINARY ACTION OR TERMINATION OF EMPLOYMENT 35.1 Disciplinary action should be used as a last resort. Where the University believes that disciplinary action is required to be taken for misconduct, serious misconduct (including research misconduct) or unsatisfactory performance the University will act through clauses 38 and 39 respectively. A supervisor will make reasonable efforts to resolve instances of unsatisfactory performance through guidance, counselling, appropriate staff development or appropriate work allocation All decisions to discipline or terminate the employment of a staff member will be in accordance with provisions as set out in this Agreement The principles of procedural fairness will be observed in all matters concerned with disciplinary action or termination of employment The timelines referred to in clauses 38 and 39 may be varied by mutual agreement between the Relevant Senior Executive, the staff member, their union representative or another representative of the staff member s choice This clause and clauses 38 and 39 shall have no application to casual staff. 36. PROBATION 36.1 Probation provides an opportunity for the supervisor to determine whether a new staff member meets the performance expectations required for confirmation of the appointment Probation entails setting and clarifying work performance expectations for staff members new to a position as well as ensuring opportunities for support are provided in order that appropriate expectations can be met The length of the probation period will be reasonable, having regard to the nature and circumstances of the offer of employment and will generally consist of the following: TYPE OF APPOINTMENT PROBATION PERIOD Academic staff fixed-term less than 12 months Professional staff fixed-term less than 12 months Academic staff fixed-term 12 months or greater Professional staff fixed-term 12 months or greater Research (Contingent Funded) Pro-rata of 6 months. Pro-rata of 3 months with the possibility to extend in exceptional circumstances to a maximum of six months. 6 months. 3 months with the possibility to extend in exceptional circumstances to six months. Where this is a second or subsequent 29

33 Employment ICTE-UQ TESOL Language Teachers Continuing Professional Staff Continuing Academic staff Continuing (Levels A D) Academic staff Fixed-Term and Continuing Level E contract in the same position no probation period will be applicable. 6 months. HEW 1 to 7 3 months with the possibility to extend in exceptional circumstances to six months. HEW 8 to 10-6 months 3 years By Agreement (up to 3 years) 36.4 For all staff other than continuing Academic staff, a staff member should be advised at least ten (10) working days prior to the end of the probation period of confirmation or termination of employment or whether an extension of the probation period is required A period of probation that commenced prior to the approval by the Fair Work Commission of this Agreement will continue in accordance with the staff member s contract of employment in place at the time the probation period commenced. 37. TERMINATION DURING PROBATIONARY EMPLOYMENT CONTINUING ACADEMIC STAFF 37.1 The University may terminate with notice a probationary academic on the grounds that their performance in relation to the criteria set out in the relevant policy is not satisfactory and provided that: (a) the academic is serving a reasonable qualifying or probationary period determined and notified to the academic in advance; and (b) the dismissal complies with the probation review and appeal procedures contained in the relevant policy; and (c) notice of termination is given in writing The probation review referred to in the previous sub-clause is only used to assess the areas of academic performance set out in the relevant policy A continuing academic terminated in accordance with clause 37 shall be entitled to notice, payment in lieu of notice or procedural requirements as specified in the academic's contract of employment or in clause 41.2 of this Agreement, whichever is the greater If at any time during the operation of these procedures, the staff member offers to resign with immediate effect, the resignation shall be accepted by the Relevant Senior Executive and the procedures will cease. 30

34 38. MISCONDUCT/SERIOUS MISCONDUCT 38.1 Definitions and Procedural Matters For the purposes of this clause: (a) Misconduct means conduct on the part of an employee that is unsatisfactory and inconsistent with the expectations of an employee but which is not so serious as to justify the possibility of termination of employment. (b) Serious Misconduct is misconduct of a serious and wilful nature and is normally conduct of a type that would make it unreasonable to require the University to continue employment of the staff member concerned. Serious misconduct can be represented by a pattern of behaviour or a single occurrence. It is normally limited to: (i) (ii) (iii) (iv) (v) (vi) theft from the University, or from staff or students; assault involving another staff member, or student, or which is occasioned on campus or at a work related function or activity; conduct of a kind which constitutes a significant impediment to the carrying out of a staff member s duties or to the staff member s colleagues carrying out their duties; conviction by a court of an offence or judgment entered in a court or tribunal which constitutes a serious impediment of the kind referred to in (iii); conduct of a serious nature which in the reasonable opinion of the University breaches the University's Code of Conduct; serious dereliction of the duties required of the staff member s position. (c) Disciplinary Action means action by the University to discipline a staff member and may include one or a combination of the following: (i) formal censure or counselling; (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) training or retraining; formal warning; withholding of an increment for one year; removal of one or more increments; demotion or temporary demotion by one classification level; redeployment to another position with or without demotion or loss of salary; reallocation of duties; suspension with, or without pay; and 31

35 (x) in the case of serious misconduct only, termination of employment without notice. (d) When dealing with misconduct and / or serious misconduct, a decision-maker must decide to their reasonable satisfaction, whether the staff member has committed an act or acts of misconduct and / or serious misconduct. (e) The staff member is entitled to be represented throughout proceedings under this clause by a Representative as defined in this Agreement. (f) These procedures will operate in accordance with the principles of natural justice and procedural fairness. (g) If at any time during the operation of these procedures the staff member offers to resign with immediate effect, the resignation shall forthwith be accepted by the relevant Senior Executive and the proceedings shall cease immediately subject to any legislative reporting requirements. (h) It is in the interests of all parties that disciplinary processes are finalised in a timely manner Preliminary management action (a) In determining whether a matter which may constitute misconduct should be dealt with under this sub-clause, a supervisor must consult with the Director Human Resources or nominee. (b) Other than in the case of allegations of serious misconduct or repeated misconduct, a supervisor may at an early stage take measures they consider practical and appropriate to resolve a matter which may or may not constitute misconduct in lieu of referring the matter to the relevant Senior Executive. Such measures may include one or more of the following: (i) guidance and counselling; (ii) a requirement to undertake appropriate development activities; (iii) providing the staff member with a written statement of expectations in relation to their conduct; and/or (iv) giving the staff member a written warning. The provision of a written warning under this clause does not constitute a finding of misconduct. (c) A record of measures taken will be made and kept on the staff member s file and this may include a statement from the staff member in relation to the matter Allegations (a) Where the allegations are not or cannot be resolved in accordance with 38.2, the allegations will be referred to the relevant Senior Executive by the relevant Executive Dean/Institute Director/Head of Division. Where the relevant Senior Executive considers, given the information before them, which may include the outcome of an enquiry, that there may be a possible case of misconduct or serious misconduct, they will: 32

36 (i) notify the staff member in writing and in sufficient detail to enable the staff member to understand the precise nature of the allegations and to properly consider and respond to them; and (ii) provide the staff member with the opportunity to submit a written response to the allegations giving ten (10) working days from the date of receipt of the written allegations within which to respond Suspension (a) At the time of notifying the staff member in accordance with sub clause 38.3 (i), if the relevant Senior Executive is of the view that the alleged conduct is such that it would be unreasonable to require the University to continue the staff member s attendance at work pending consideration and determination in accordance with the procedure outlined in this clause, the relevant Senior Executive may suspend the staff member with or without pay. (b) Where suspension without pay occurs: (i) (ii) the staff member can draw on any recreation leave or long service leave entitlements for the duration of the suspension without pay; and the relevant Senior Executive may at any time direct that salary be paid on the grounds of hardship. (c) During any period of suspension, the staff member may be excluded from the University, provided that the staff member will be permitted reasonable access to the University for the preparation of his/her case and to collect personal property. (d) If the staff member is for any period suspended without pay, then, following the process required by this clause, if it is determined that the staff member has not engaged in Misconduct or Serious Misconduct, the staff member will be reimbursed any lost salary and entitlements Response (a) Within ten (10) working days of receiving the staff member s response, the relevant Senior Executive must form a view, that either: (i) there has been no Misconduct or Serious Misconduct and as such that no further action is to be taken; or (ii) the allegation(s) has been substantiated and determine the appropriate disciplinary action. In either case, the relevant Senior Executive will advise the staff member in writing. (b) Where the relevant Senior Executive determines that the allegation has been substantiated, the staff member will be advised in writing of their decision, of reasons for the decision and of their preliminary decision in relation to Disciplinary Action. (c) With the exception of a decision to apply a disciplinary action of formal censure or counselling, training or retraining or a written or formal warning, the staff member will be allowed an opportunity to respond within five (5) working days, limited to the issue of whether a Disciplinary Action should be imposed, and if so, what the nature of the Disciplinary Action should be. The 33

37 relevant Senior Executive will consider any response from the staff member prior to making a final decision on disciplinary action. (d) Where the staff member denies the allegation or has not responded, the relevant Senior Executive must determine whether the evidence establishes that the misconduct and / or serious misconduct occurred. The standard of proof is whether, after evaluating the evidence presented, the relevant Senior Executive is reasonably satisfied that the case against a staff member has been proven. Using this standard, it is sufficient if a fact is proved to the reasonable satisfaction of the relevant Senior Executive Committee of Review If the staff member does not accept the determination and/or proposed penalty (other than a decision to apply a disciplinary action of formal censure or counselling, training or retraining or a written or formal warning), he or she may refer the matter through the relevant Senior Executive to a Committee of Review, which will meet to deal with the matter as soon as practicable. The Committee of Review will be constituted and operate according to clause 40. The Committee will report to the Vice-Chancellor and President within five (5) working days of its final meeting on: (i) (ii) (iii) (iv) whether it is satisfied that each of the facts or matters alleged has been proven; whether the facts as proven constitute misconduct or serious misconduct on the part of the staff member; whether, in the opinion of the Committee, there any mitigating circumstances raised by the staff member; and its recommendation as to whether the Vice-Chancellor and President should exercise any of their powers, including imposition of penalties, together with reasons for its findings Vice-Chancellor and President's Decision (a) Upon receiving the report of the Committee of Review, the Vice-Chancellor and President: (i) (ii) (iii) (iv) must have regard to the report, however is not bound by the report or its findings; must take into account any mitigating factors set out in the report; may, if they are satisfied that Misconduct or Serious Misconduct has occurred, determine to impose Disciplinary Action; and shall advise the staff member in writing of their decision, including the nature of any Disciplinary Action with reasons for the decision and any Disciplinary Action. (b) The Vice-Chancellor and President's decision and actions taken pursuant to that decision will be final, except that nothing in this clause will be construed as excluding the jurisdiction of any court or tribunal. 34

38 38.8 Confidentiality Proceedings pursuant to this clause are confidential and must not be disclosed outside of the University by the relevant Senior Executive, the Vice-Chancellor and President, the staff member or any other University staff member. This does not prevent disclosure of information to any party's advisors or anyone who is required to be advised of that information, provided the recipients are also advised to maintain similar confidentiality. 39. UNSATISFACTORY PERFORMANCE 39.1 Procedural Matters (a) Where a supervisor has taken steps to improve the performance of the staff member through use of the diminished performance measures provided in relevant policy and procedures without a demonstrable improvement in performance, the supervisor shall advise the staff member that unsatisfactory performance procedures are being instigated in accordance with the provisions of this clause and the relevant policy. (b) The staff member must be provided with a copy of this clause and informed at each stage of the formal nature of the process. At any time during this process a staff member may be represented by their Union or by another representative of the staff member s choice Unsatisfactory Performance Step 1 A. Initial Discussion (a) Where a supervisor is concerned about the performance of an Academic staff member, Professional staff member or TESOL Language Teacher the supervisor should have a discussion with the staff member to identify: (i) (ii) (iii) (iv) (v) the performance issue(s) in question relevant to the expectations of the position; improvements required of the staff member; the timeframe for which improvements are required (the Review Period ) and provision for regular feedback during that period; the remedies to assist the staff member to address the issue(s), including but not limited to ensuring the staff member has had, or has access to appropriate training to ensure, to the extent relevant, that the expectations of the position are met; and the outcomes if the staff member fails to improve the identified performance issue(s) within the timeframe outlined. (b) A summary of the matters raised in the initial discussion should be recorded in writing, with a copy given to the staff member. The staff member will have the right to reply to this summary. Both the summary and any response will be kept on a confidential staff file. B. The Review Period (a) The Review Period for Academic staff, given the nature of their role, would be not less than 6 months and not more than 12 months. 35

39 (b) The Review Period for Research staff will ordinarily be one (1) semester given the nature of their role. (c) In all other instances the reasonable period of the review will be determined by the staff member s supervisor. In making their determination the supervisor will give consideration to the gap between the actual level or standard of performance and the level or standard of performance expected or required relevant to the expectations of the position and any appropriate training required to ensure, to the extent relevant, that the expectations of the position are met. If the parties do not agree the matter will be referred to the Director Human Resources to determine an appropriate Review Period which will be between three (3) and six (6) months in duration. (d) If after the expiration of the Review Period the performance of the Academic staff member, Professional staff member or TESOL Language Teacher has: (i) improved to the requisite level relevant to the expectations of the position, no further action will be taken and an appropriate file note will be made and provided to the staff member. (ii) not improved to the requisite level relevant to the expectations of the position, the supervisor will institute the processes provided for under Step Two of this clause. (iii) not improved to the requisite level relevant to the expectations of the position, and the staff member does not acknowledge that there is a performance problem or is not willing to provide a commitment to improve their performance the supervisor is not obliged to follow Step 2. In such circumstances the supervisor may make a formal report in accordance with Step 3 (Clause 39.4). The staff member will have the right to reply to this formal report. Both the Report and any response will be kept on a Confidential Staff file Unsatisfactory Performance Step 2 (a) If the staff member s performance has not improved to the requisite level after the review period in clause 39.2 B the supervisor will meet with the staff member and their Union representative or another representative of the staff member s choice to discuss the performance issues. (b) If the supervisor believes that the staff member is unlikely to meet the performance expectations of the position they may discuss alternative strategies. A member of the Human Resources Division must be present at the discussion(s). These may include, but are not limited to: (i) (ii) (iii) the transfer of the staff member to a position at the same or lower classification; execution of a pre-retirement contract of no more than twelve months duration, with appropriate duties and classification level; arrangements and assistance to enable the staff member to seek alternative employment outside of the University. (c) Any strategy developed in accordance with this clause must be mutually agreed in writing. (d) If the staff member does not agree to an alternative strategy or there are no appropriate alternative strategies available, the supervisor will again discuss with the staff member the improvement required and will extend the Review Period in Step 1 for a further reasonable 36

40 period. Regular feedback on performance should occur during this period. If the parties do not agree on the period of extension the matter will be referred to the Director Human Resources to determine an appropriate period which will be between one (1) and three (3) months in duration. (e) The supervisor will provide a written report of the outcomes in Step 2 and provide a copy to the staff member. The staff member will have ten (10) days to respond in writing to the report. A copy of the report and the staff member s response, if any, will be retained on the staff member s confidential file. (f) Where the required improvement has been achieved, no further action will be taken and an appropriate file note will be made and provided to the staff member Unsatisfactory Performance Step 3 (a) Where a supervisor believes that discussions at Step 2 have not produced the desired improvement in performance, the supervisor will make a written report through the relevant Executive Dean or Institute Director and the Director of Human Resources to the Relevant Senior Executive that the performance of the staff member is unsatisfactory. (b) The report will state clearly: (i) (ii) (iii) (iv) (v) (vi) the aspects of performance seen as unsatisfactory; the attempts to remedy the problem; any agreed support measures provided; any mitigating circumstances; the recommended disciplinary action; and provide any supporting material. (c) A copy of the report together with any supporting material will be provided to the staff member by the supervisor. The staff member will have ten (10) working days to respond in writing to the report. A copy of the report and the staff member s response, if any, will be retained on a Confidential Staff file Unsatisfactory Performance Disciplinary Action (a) The relevant Senior Executive must be satisfied that: (i) (ii) (iii) (iv) Appropriate steps have been taken to bring the staff member s performance to their attention; The staff member was provided with an adequate opportunity to respond; Any response of the staff member was taken into account; The staff member had a reasonable opportunity to remedy their performance. (b) The relevant Senior Executive will advise the staff member in writing what appropriate action will be taken which may include but is not limited to: (i) (ii) (iii) Taking no further action; or Refer the matter back to Step 2; or Notify appropriate disciplinary action. 37

41 (c) The disciplinary action that may be applied for unsatisfactory performance include one, or any combination, of the following: (i) formal censure or counselling; (ii) training or retraining; (iii) formal warning; (iv) redeployment to another position with or without demotion or loss of salary; (iv) demotion or temporary demotion by one classification level; (v) withholding of an increment for one year; (vi) removal of one or more increments; (vii) reallocation of duties; and (viii) termination of employment (dismissal). (d) Where the disciplinary action to be applied by the relevant Senior Executive is termination of employment, the staff member will be informed of the recommended disciplinary action in writing and given five (5) working days to respond. The relevant Senior Executive will consider any response provided by the staff member prior to making a final decision on termination of employment Appeal Committee of Review (a) In the case of a recommendation for withholding an increment, demotion or termination of employment (dismissal), the staff member may appeal the decision. If the decision is appealed, the matter will be referred to a Committee of Review which will be constituted and operate in accordance with clause 40 of this Agreement and with the relevant policy and procedures. (b) The Committee shall consider: (i) in the case of a recommendation for withholding an increment both the appellant s case and the reasons for withholding the increment. The Committee will limit its recommendation to either upholding or rejecting the appeal. (ii) in the case of a recommendation for dismissal or demotion - whether the performance of the staff member has been satisfactory or unsatisfactory, and shall report its findings and reasons to the Vice-Chancellor and President. The Committee shall also comment on the nature of the disciplinary action it considers appropriate. (c) The Committee shall complete its deliberations and make its report within twenty (20) working days except where a longer period is recommended or agreed by the chairperson. (d) After receiving the Committee's report, the Vice-Chancellor and President, shall have regard to the report and its findings and shall as soon as practicable inform the staff member and supervisor in writing of their decision, including the nature of any disciplinary action to be taken and reasons for the decision Termination due to Unsatisfactory Performance (a) Termination of employment as a result of unsatisfactory performance will be subject to the notice requirements in section 117 of the Fair Work Act 2009 (Cth) or the notice period provided in the staff members Contract of Employment, whichever is greater. Payment in lieu of such notice may be provided. 38

42 (b) If at any time during the operation of these procedures, the staff member offers to resign with immediate effect, the resignation shall be accepted by the Relevant Senior Executive and the proceedings will cease. 40. COMMITTEES OF REVIEW MISCONDUCT/SERIOUS MISCONDUCT AND UNSATISFACTORY PERFORMANCE 40.1 A Committee of Review shall comprise: (a) (b) (c) A Chair of the Committee appointed by the relevant Senior Executive agreed between the relevant Senior Executive and the members of the relevant Staff Consultative Committee other than those representing management; and A staff member nominated by the relevant Senior Executive; and A staff member nominated by the members of the relevant Staff Consultative Committee other than those representing management. Each committee member must be in a position to discharge their function as a member of the Committee free from actual or perceived conflict of interest The staff member may be represented by their nominated Representative as defined in this Agreement. The University may be represented by a staff member of the University or by an officer of an employer association The Committee of Review shall: (a) (b) (c) (d) (e) (f) Determine its own procedures which must be consistent with this clause and with the principles of natural justice; Not be bound by the rules of evidence but may inform itself on any matter in such manner as it thinks appropriate and as the consideration of the matter before it permits. For purposes of determining Misconduct and Serious Misconduct, the Committee of Review will have regard to whether or not it is reasonably satisfied that the case against a staff member has been proven. Using this standard, it is sufficient if a fact is proven to the reasonable satisfaction of the Committee of Review and taking account of the serious nature of a finding of misconduct and/or serious misconduct; Complete its deliberations and make its report within twenty (20) working days except where a longer period is recommended or agreed by the chairperson; Provide the staff member with a copy of all information considered by the Committee, including any written statements or other evidence before the Committee, in a manner and at a time which allows the staff member a reasonable opportunity to understand and respond to that material; Provide the staff member with the opportunity to provide the Committee with additional information and to make submissions in relation to the circumstances; Provide the staff member or, where applicable, their Representative with a reasonable opportunity to call and to question witnesses, to present and challenge evidence, to provide a verbal or written response and/or present a submission, and to be present at all times when the Committee is interviewing witnesses, receiving oral evidence or 39

43 information from any person or hearing submissions (but not during the Committee s own deliberations); (g) (h) (i) (j) (k) (l) Keep an audio recording of the proceedings (but not of the Committee s own deliberations) and ensure this is available to the parties upon request. Record its decision in writing, and give reasons for its conclusions; Make its decision unanimously or by majority. A dissenting member of the Committee must record their dissenting decision with reasons; Subject to the provisions of this clause, a Committee must conduct its proceedings in private and treat the proceedings, report and all matters relating thereto as confidential; Where following the provision of reasonable and adequate advice and notice, the staff member fails to attend a Committee of Review, the Committee will proceed to make their report in accordance with the provisions of this clause; Following the delivery of its report, the Committee will provide the record to the Director Human Resources, who shall maintain the record in a secure and confidential way. 41. TERMINATION OF EMPLOYMENT 41.1 From commencement of the Agreement, the written notice specified in clause 41.2 will apply: (a) (b) for staff members who resign, other than casual staff members except where a different period is specified in their contract of employment; or for the University, except where a different period is specified in the staff member s contract of employment The notice provided in this clause will apply provided that the statutory minimum contained in the Fair Work Act 2009 (Cth) (as amended) is met. Academic Staff Member Period of Appointment Continuing academic Fixed-term academic for appointment of one year or more duration Fixed-term academic for appointment of less than one year duration Professional Staff Member - Period of Continuous Service TESOL Language Teachers HEW Level 1 to HEW Level 5 (with less than 3 years service) HEW Level 1 to HEW Level 5 (with 3 years or more but less than 4 years service) HEW Level 1 to HEW Level 5 (with 4 years or more service) HEW Level 6 to HEW Level 9 Notice provided by Staff Member and University 6 months 6 months 1 month Notice provided by Staff Member and University 4 weeks 2 weeks 3 weeks 4 weeks 4 weeks 40

44 41.3 Where a Professional staff member or TESOL Language Teacher has been employed continuously by the University for the preceding two (2) year period and are over the age of 45, they are entitled to one (1) weeks additional notice from the University If a staff member fails to give notice the University will have the right to withhold monies due to the staff member with a maximum amount equal to the ordinary time rate of pay for the notice period The University may agree to waive the staff member s notice period and the staff member will not be required to work out the balance of the notice period The University may provide payment in lieu of notice Fixed-term staff members - Notice of cessation (a) The University shall provide a fixed-term staff member, written notice of the University s intention to renew, or not to renew, employment with the staff member upon the expiry of the contract. (b) The notice period shall be the greater of either: (i) any entitlement to notice of the University s intention to renew or not to renew, employment with the staff member upon expiry of the contract of employment contained in the staff member s contract of employment; or (ii) Period of continuous service Period of notice Less than 1 year 1 year or more but less than 3 years 3 years or more but less than 5 years At least one week, or the equivalent of a full pay period, whichever is the greater. At least two weeks, or the equivalent of a full pay period, whichever is the greater. At least three weeks, or the equivalent of a full pay period, whichever is the greater. 5 years or more At least four weeks, or the equivalent of a full pay period, whichever is the greater. (c) In addition to this notice, a staff member over the age of 45 years at the time of the giving of notice and with not less than two (2) years continuous service shall be entitled to an additional week s notice. 41

45 (d) Where because of unforeseen circumstances relating to the provision of income from sources external to the University, the University is not reasonably able to give the notice required by this sub-clause, it shall be sufficient compliance with this sub-clause if the University: (i) Advises those circumstances to the staff member in writing by the latest time at which the notice would otherwise be required to be given, and (ii) gives notice to the staff member at the earliest practicable date thereafter Action on Completion of a Fixed-Term Contract (a) Following the completion of a fixed-term appointment and where it is determined that the position will continue as a fixed-term appointment, the University will offer the incumbent staff member appointment to that position where: (i) (ii) (iii) the duties of the position continue as they were as at the date of expiry of the appointment; and the staff member was initially appointed through a merit-based selection process; and the new fixed-term appointment is for two (2) years or less. (b) Where the new fixed-term appointment pursuant to this clause is for a period of more than two (2) years, the position may be: (i) (ii) by agreement, offered to the incumbent; or advertised at the discretion of the University 41.9 Fixed-term Staff Members Severance Pay (a) A fixed-term staff member whose contract of employment is not renewed will be entitled to a severance payment if: (i) (ii) (iii) The staff member seeks to continue employment; and The staff member is employed on a second or subsequent consecutive fixed-term contract and the same or substantially similar duties are no longer required by the University; or The staff member is employed on a fixed-term contract but another person has been appointed, or is to be appointed, to the same or substantially similar duties. (b) Where the University advises a staff member in writing that further employment may be offered within six (6) weeks of the expiry of a period of fixed-term employment, then payment of severance benefits may be deferred for a maximum period of four (4) weeks from the expiry of the period of fixed-term employment. (c) If the University obtains acceptable alternative employment for a staff member otherwise entitled to severance payment, then that staff member is not entitled to severance payment. (d) Severance payment entitlements will be calculated for a period of continuous service in fixedterm positions, as follows: 42

46 Period of continuous service in fixed-term positions Less than 1 year Severance pay nil 1 year or more but less than 2 years 4 weeks pay 2 years or more but less than 3 years 6 weeks pay 3 years or more but less than 4 years 7 weeks pay 4 years or more 8 weeks pay (e) For the purpose of this clause, breaks between fixed-term appointments of up to two (2) times per year and up to six (6) weeks on each occasion, will not constitute breaks in continuous service. Periods of approved unpaid leave will not count for service, but will not constitute breaks in service for the purposes of this clause. 42. MEDICAL CONDITIONS AFFECTING PERFORMANCE 42.1 The Relevant Senior Executive may require, in writing, any staff member whose capacity to perform the duties of their role is in doubt, to undergo medical examination. This will be undertaken by a qualified medical practitioner(s) chosen by the University and at the expense of the University. This may involve more than one consultation where the staff member s condition(s) requires it and does not require a separate request for each examination The Relevant Senior Executive shall provide a staff member with one (1) month s written notice that a medical examination is required and ensure that any action taken under this clause is in accordance with the relevant policy and procedures. A copy of this clause and the relevant policy and procedures will be provided to the staff member Where the staff member makes an application to their superannuation fund for ill health retirement or temporary disability benefit prior to the medical examination(s), the staff member cannot be required to attend a medical examination(s) in accordance with clause 42.1 or 42.4 until one of the following occur: (a) (b) (c) For a member of Unisuper or QSuper, after the payment of the temporary disability benefit ceases; For a member of the University of Queensland Superannuation Plan after two (2) years of receiving a disability benefit; Where the superannuation fund determines that the person is ineligible under the rules of the fund to receive a temporary disability benefit. This does not apply in circumstances where the staff member is on sick leave but has not reached the expiry of the three (3) months qualifying period or such period of paid sick leave as the fund requires The Relevant Senior Executive may only direct a staff member to attend a medical examination(s) in these circumstances where the capacity of the staff member to perform their duties remains in doubt A copy of the medical report will be provided to the staff member unless medical advice recommends the report not be provided to the staff member. 43

47 42.6 If the medical examination reveals that the staff member is unable to perform their duties and is unlikely to be able to resume them within a reasonable period, being not less than 12 months, the Relevant Senior Executive may: (a) (b) (c) (d) redeploy the staff member to a commensurate position at the same classification level within the University in accordance with the relevant policy or procedure; or redeploy the staff member to a position at a lower classification level with salary maintenance for a period of three (3) months; or terminate the employment of the staff member in accordance with the notice required by the staff member's contract of employment or where no notice is specified in accordance with clause 42.2 of this Agreement. Prior to taking action to terminate the employment of a staff member, the Relevant Senior Executive may offer the staff member the opportunity to submit their resignation and, if such a resignation is offered, shall accept it and not proceed with action to terminate employment; or if the University is unable to redeploy the staff member the provisions of clause 41 apply If within 30 working days of the report being made available, the staff member or a person acting on their behalf so requests, the Relevant Senior Executive shall not redeploy the staff member or terminate the employment of the staff member in accordance with clause 42.6 unless and until the findings of the report are confirmed by a panel consisting of three (3) medical practitioners, one (1) of whom shall be appointed by the University, one (1) by the staff member or by a person acting on their behalf, and one (1) by the President of the State Branch of the Australian Medical Association. The Panel shall not include the practitioner who made the initial report. The right to request a review is subject to there being contrary medical evidence that the staff member is either able to perform their duties, or likely to be able to resume them, within a period of 12 months In making an assessment as to whether or not a staff member is unable to perform his or her duties and is unlikely to be able to resume them within a reasonable period, the medical practitioner or panel of medical practitioners appointed pursuant to this clause shall as far as possible apply the same standards as are used by the staff member's superannuation scheme, if any, in determining qualification for the payment of a disablement pension or other similar benefit The Relevant Senior Executive may construe failure by a staff member to undergo a medical examination in accordance with these procedures as prima facie evidence that such a medical examination would have found that the staff member is unable to perform their duties and is unlikely to be able to resume them within 12 months, and may act accordingly, provided that such a refusal by a staff member in these circumstances shall not constitute misconduct nor lead to any greater penalty or loss of entitlements than would have resulted from an adverse medical report The provisions in this clause will not displace or over-ride any workers compensation schemes or relevant legislation either State or Federal Subsidiary Matters (a) (b) A staff member who receives a temporary disability benefit from the superannuation fund shall not accrue leave entitlements during this period. Where a superannuation fund determines a staff member is permanently disabled the University shall be entitled to consider the staff member s employment has ceased. 44

48 42.12 Work Health and Safety Concerns Nothing in this clause shall restrict any right the University may have to direct a staff member to attend a medical appointment where there are genuine work health and safety reasons for this. Any such direction shall operate independently of this clause and not be part of the procedure of this clause. 43. GRIEVANCES 43.1 Grievances between staff members will ordinarily be dealt with in accordance with the Staff Grievance Resolution policy and procedures In a situation where irreconcilable differences between two (2) staff affect work performance, staff well-being or efficiency, following reasonable attempts at reconciliation, the Director Human Resources and the staff member(s) concerned may agree to a transfer of a staff member. The transfer should be to an agreed position for which the transferring staff member is reasonably qualified, at the staff member s current substantive classification level and unless specifically agreed, should not require a change to the staff member s base place of employment. 44. CERTIFICATE OF EMPLOYMENT 44.1 If requested by a staff member, a certificate of employment shall be provided by the University to such staff member upon termination of their employment. The certificate shall supply details of the date of the staff member's commencement and termination of their employment and the designations held by the staff member. 45

49 CHAPTER I: APPLICABLE TO ALL STAFF MEMBERS PART E: CONSULTATION ON MAJOR CHANGE 45. JOB SECURITY 45.1 The parties to this Agreement agree that: a. maintenance or increasing of staffing levels where required for the quality of the teaching and research programs continues to be a key concern for University budget managers; b. the provision of the greatest possible degree of job security to all staff is a major aim of the University and crucial to its most effective functioning, with normal attrition as the preferred method of addressing changes in the staffing profile; c. casual employment is a supplement to and not a substitute for the creation of continuing and fixed-term positions The University will use its best endeavours to ensure that, except in extraordinary circumstances, casual staff will not be used as permanent or long-term replacements for staff in positions where there is an ongoing need for the work, or substantially the same work, of these positions to be performed Wherever possible widespread redundancies are to be avoided Compulsory retrenchments are a last resort and should be avoided if possible Where redundancies are required they will be managed in accordance with clause Individual members of staff may be affected by restructuring proposals and such staff will be managed in accordance with the provisions of clause The Parties acknowledge that the University needs the ability to operate flexibly and be able to respond quickly to change. 46. ORGANISATIONAL CHANGE 46.1 Organisational change which does not include the identification of staff as excess to requirements will not engage the processes set out under the restructuring provisions of this Agreement. To ensure the effective planning for, and management of, organisational change which does not involve redundancies, the relevant manager/s will liaise with Human Resources to ensure that: (a) consultation is carried out with all staff, and if they so choose with their representatives, which may include a Union, who will be affected by the organisational change; and (b) consultation occurs with the relevant Staff Consultative Committee and other relevant consultative mechanisms are utilised; and (c) necessary information including budgetary information, is provided to all affected staff Where organisational change involves the possibility that staff will be excess to requirements, and the possibility that retrenchments might result, the restructuring process in clause 47 will be followed. 46

50 47. RESTRUCTURING, REDEPLOYMENT AND REDUNDANCY 47.1 The relevant senior manager may assess that restructuring will be required for reasons such as, but not limited to, the following: (a) changes in the nature of the organisation of functions of a unit, or of significant work methods of the unit; (b) financial exigency or budget constraints; (c) changes in technology; (d) work that has been traditionally carried out is no longer needed; (e) variation to the discipline or program mix in an academic unit This clause sets out the key principles relating to organisational restructuring, redeployment and redundancy All following steps are to be undertaken in conjunction with the Human Resources Division The procedures in relation to restructuring do not apply: (a) In relation to the expiry of a fixed-term contract in accordance with its own terms. Such expiry will not be regarded as a restructuring or a redundancy which attracts the provisions of this clause; (b) When the relevant senior manager assesses that: (i) one academic staff member; and/or (ii) one professional staff member; and/or (iii) one TESOL language teacher staff member; are identified as excess to requirements, provided that: (i) (ii) this does not result in an unreasonable workload for other staff in the work area; and the staff member or members concerned agree to take a Voluntary Separation Package (VSP). In such cases the relevant Staff Consultative Committee shall be notified of the position(s) which are excess to requirements and their organisational unit. The notification will occur within two (2) working days after the last day in office of the departing employee(s); and / or (c) When the relevant senior manager assesses that: (i) two academic staff members; or (ii) two professional staff members; or (iii) two TESOL language teacher staff members; are identified as excess to requirements, provided that: (i) (ii) (iii) this does not result in an unreasonable workload for other staff in the work area; and the staff member or members concerned agree to take a Voluntary Separation Package (VSP); and the Parties to this Agreement agree the procedures in relation to restructuring are not required. 47

51 (d) Where staff members are transferred with their agreement to a position at the same classification with substantially the same duties within the University or in another University or Higher Education Institution Consultation (Issues paper) (a) The relevant senior manager will consult with all staff who will be affected by the proposed restructuring and with relevant unions Formal Proposal (a) When the relevant senior manager assesses that consultation has clarified the relevant issues, a formal written Proposal will be circulated which provides adequate detailed information and justification for the restructure, including the following matters to the extent possible: (i) Justification covering the background to the proposed changes, their aim, the budget position and options for alternative solutions; (ii) Consultation; (iii) Recommendations covering structural changes, proposed reductions in the number of staff, and workload allocations; and (iv) Implementation Plan including a timetable, measures for handling voluntary separations, part-time appointments, redeployments and retraining, protecting equity, any impacts on workloads and the criteria for identifying staff to be retrenched, if such retrenchments become required. (b) The Proposal will be circulated to all affected staff, relevant unions and the relevant Staff Consultative Committee(s). Normally there will be a period of ten (10) working days for consideration by affected staff Review by the Relevant Staff Consultative Committee(s) (a) The relevant Staff Consultative Committee(s) will meet no later than ten (10) working days from the release of the Formal Proposal under clause 47.6 (b) and will conclude its deliberations as soon as practicable. (b) The role of the relevant Staff Consultative Committee(s) will be to consider and provide meaningful advice as to whether the proposed restructuring is justified and reasonable, having regard to matters such as, whether or not: (i) (ii) (iii) (iv) Consultation with staff has occurred. Workload issues have been addressed and proposed workloads are reasonable and equitable. The recommendations, including criteria for identifying staff to be retrenched (if any), are fair and reasonable. The proposed implementation of the changes is reasonable and timely. If the Committee(s) calls for modifications, these will be considered by the Relevant Senior Manager. (c) The Consultative Committee(s) provides advice to the Provost and/or Chief Operating Officer on whether the proposal is justified and reasonable. The Provost or Chief Operating Officer will after due and proper consideration, reject or approve the Proposal for implementation. 48

52 47.8 Implementing the Approved Proposal The relevant senior manager or a nominee identified in the Proposal ( the Implementation Manager ) will be responsible for implementing the Proposal in accordance with and subject to the terms of the Proposal itself. Unless otherwise provided for in the Proposal, in the first instance the Implementation Manager will pursue voluntary mechanisms by offering to staff in the affected area the opportunity to express interest in Voluntary Separation Packages (VSP) and/or seek part-time appointments. Staff who wish to pursue both options should indicate whether their first preference is a VSP or a part-time appointment. Staff will have five (5) working days to respond Voluntary Separation (a) Where it has been determined to proceed with the voluntary separation of staff in the first instance, the Implementation Manager will offer staff in the affected area the opportunity to express an interest in a Voluntary Separation Package (VSP). (b) The Implementation Manager will decide, within ten (10) working days, which expressions of interest can be accepted, having regard to the operational requirements of the unit and will offer VSPs to the identified staff. (c) If a staff member accepts a VSP, the payment will be as detailed in clause or below and the person will leave the University at the earliest opportunity. (d) If the staff member is not offered a VSP or rejects the offer of a VSP, he/she will be eligible for consideration of a part-time appointment if he/she has indicated that preference in response to the manager s offer Part-Time Appointment (a) Any full-time member of staff, in the affected area, may seek to convert his/her appointment to a part-time one. The Implementation Manager will decide whether such a part-time appointment can be offered, having regard to the operational requirements of the unit. The Implementation Manager should communicate the decision to the staff member within ten (10) working days of receiving the request. (b) Staff who initially seek a part-time appointment and are not able to be accommodated, will be eligible to express an interest in a VSP, provided they have nominated this preference in response to the Implementation Manager s notification. (c) Where the number of part-time appointments does not meet the required reduction in staffing, the Implementation Manager will accept up to the necessary number of expressions of interest in voluntary separation to meet the reduction. Voluntary Separation Packages will be as at clause 47.9 and decided in accordance with policy except where the Proposal identifies positions that are excess to requirements Retrenchment (a) If the mechanisms for voluntary separation or part-time appointments do not achieve the reductions in staffing required in accordance with the terms of the Proposal, then the necessary number of positions will be declared surplus, in accordance with the criteria contained in the Proposal as approved by the Provost and/or the Chief Operating Officer. 49

53 (b) When identifying positions as surplus the Implementation Manager will apply the criteria contained in the Proposal as approved by the Provost and/or the Chief Operating Officer. (c) Any staff member who holds a position which has been identified as surplus to requirements may apply for redeployment in accordance with the provisions of clause and the relevant policy, within five (5) days of identification. (d) A staff member who holds a position which has been identified as surplus to requirements and who does not apply for redeployment or part-time appointment will be paid a redundancy payment in accordance with clause or and leave the employment of the University at the earliest opportunity Redeployment (a) Where a staff member elects to seek redeployment, the University will make reasonable attempts to find a suitable alternative position. The redeployment period will be for twentyfive (25) working days with consideration of the Christmas/New Year period where applicable. The redeployee will not be required to compete against external or internal applicants in open competition but will be required to meet the requirements of the position including selection criteria or be capable of meeting them within a three (3) month period. (b) The University will notify the staff member of possible redeployment opportunities. Alternatively the staff member may notify Human Resources of positions for which they wish to be considered. (c) The provisions of clause 47.11(c) and this clause shall not apply in circumstances where it is clear that no viable opportunities are available or will become available in that time, given the person s discipline and area of expertise. In these circumstances the staff member will be retrenched with immediate effect and paid the redundancy amounts specified in clause or plus an additional five (5) weeks salary. (d) Redeployment will normally be to a position at the same classification level. (e) Subject to operational requirements, a staff member may request redeployment prior to the timelines set out in clause 47.11(c) at any stage of the process where it becomes apparent that the staff member s position may become redundant. A request for redeployment under this clause will not be unreasonably refused. (f) If a suitable alternative position is found, a trial period of three (3) months will be required. At the end of this period the relevant manager will review the trial with the staff member and recommend to the Relevant Senior Executive that the staff member will either be: (i) (ii) (iii) Confirmed in the position Offered a VSP; or, if this option is not accepted by the staff member, Retrenched (g) The Relevant Senior Executive will decide and will take into account the views of the staff member and the relevant manager. (h) Staff members who are unable to be redeployed will be paid a redundancy calculated in accordance with clause or on termination of their services. 50

54 (i) (j) If the staff member is redeployed to a position at a lower rate of pay than their former position, the staff member will remain on the higher salary for a period of three (3) months. After this time pay will revert to the salary of the level of the lower position. Where redeployment to lower level position occurs the University will protect the member s superannuation entitlements by continuing to pay the employer s superannuation contribution at the member s previous classification salary rate and will also pay the difference between the member s former contribution at the old salary level and the member s contribution at the new salary level (after accounting for employer contributions and tax) for a maximum period of five (5) years. This arrangement will only apply where superannuation fund rules allow Redundancy Review (a) A staff member who holds a position which has been identified as surplus to requirements and who is at risk of retrenchment as a result may request, within five (5) working days of notification, a review as to whether the criteria used to select the position have been applied in an objective and non-discriminatory manner and in accordance with the proposal. (b) A Review Panel, comprising a senior manager nominated by the Provost (in the Chair), a nominee of the staff members on the relevant Staff Consultative Committee (other than those representing management) and an Executive Dean, Director of Institute or Director of Organisation Unit, will be established as soon as practicable, but no later than five (5) working days after receipt of the application for review. (c) All relevant information will be provided to the Review Panel. The staff member and the Implementation Manager will have the opportunity to make verbal or written submissions to the Panel. (d) The Panel may interview any person it thinks fit. (e) The Review Panel will transmit its recommendation to the Provost who will make the decision. That decision will be communicated to the staff member and to the Implementation Manager within 10 working days of the receipt of the application for review Voluntary Separation Package and non-voluntary Redundancy Payment Pay Calculation for Academic Staff (a) This clause applies to continuing staff (full-time or part-time) and does not apply to staff appointed on a casual, research (contingent funded) or fixed-term basis. (b) A staff member whose position is made redundant will be given a redundancy payment and will leave employment at the University at the earliest opportunity nominated by the University. (c) The redundancy payment will be an amount calculated in accordance with the method set out below, paid as a lump sum by the University and taxed according to the Australian Taxation Office requirements for redundancy payments. (d) The amount paid will be calculated as follows, for each individual staff member: (i) Notice in in accordance with the staff member s contract of employment 51

55 (less PAYE tax); (ii) Retrenchment payment calculated as follows: Age below 40 Age 40 Age 41 Age 42 Age 43 Age 44 Age 45 and over (Less PAYE tax) PLUS: Severance payment 6 month s pay 7 month s pay 8 month s pay 9 month s pay 10 month s pay 11 month s pay 12 month s pay Up to the completion of 2 years 4 weeks pay 2 years and up to the completion of 3 years 6 weeks pay 3 years and up to the completion of 4 years 7 weeks pay 4 years and over 8 weeks pay (Less concessional tax) (iii) Pro rata long service leave entitlements for staff with five (5) years or more service. For the purposes of calculating service, casual service will not be counted. Where there has been a combination of full-time and fractional service then fractional service will be recalculated into full-time equivalent service and payment made at the full-time salary rate. (e) Where a staff member is redeployed into a fixed-term position and the redeployment ceases as a result of the non-renewal of a fixed-term contract by the University the staff member will remain entitled to: i. the full amount of the redundancy payment (calculated as above) for a period of up to three (3) months after the initial redeployment; or ii. a redundancy payment (calculated as above) less the number of weeks paid under the fixed-term contract/s after the three (3) month period, provided that long service leave shall be calculated as from the last date of actual employment with the University Voluntary Separation Package and non-voluntary Redundancy Payment Pay Calculation for Professional and TESOL Language Teacher Staff (a) This clause applies to continuing staff (full-time or part-time) and does not apply to staff appointed on a casual, research (contingent funded) or fixed-term basis. (b) Staff who are retrenched, or accept a VSP after the restructure proposal has been forwarded to the relevant Staff Consultative Committee, will receive: 52

56 (i) (ii) (iii) Two (2) weeks pay for each year of service subject to a minimum 12 weeks payment and a maximum of 64 weeks. Where there has been a combination of full-time and part-time service then part-time service will be converted to full-time equivalent service and payment made at the full-time rate. In calculating years of service, service as a casual staff member will not be included. Pro rata long service leave entitlements for staff with five (5) years or more service. Notice calculated as follows, or pay in lieu of notice: Staff member s Period of Continuous Service with the Employer Not more than 1 year More than 1 year but less than 3 years More than 3 years but less than 5 years Period of Notice Over 45 years of with 2 years or more Continuous Service 1 week 2 weeks 3 weeks 3 weeks 4 weeks More than 5 years 4 weeks 5 weeks (c) Where a staff member is redeployed into a fixed-term position and the redeployment ceases as a result of the non-renewal of a fixed-term contract by the University the staff member will remain entitled to: (i) the full amount of the redundancy payment (calculated as above) for a period of up to 3 months after the initial redeployment; or (ii) a redundancy payment (calculated as above) less the number of weeks paid under the fixed-term contract/s after the 3 month period, provided that long service leave shall be calculated as from the last date of actual employment with the University Post Implementation Review The relevant staff consultative committee will undertake a review of the success of the restructuring at a suitable time after the restructuring has been put in place, generally between six (6) and nine (9) months. The outcome of the review will be referred to the Relevant Senior Executive. 48. OUTSOURCING 48.1 Where a relevant senior manager decides that there is a possible need for outsourcing work that is currently being performed by University staff, the University will initiate consultation with affected staff members and the relevant Union parties to the Agreement. Such consultation will occur prior to any final decision by the University to take any steps to outsource the work The relevant senior manager will provide all relevant documentation and information on the proposal including why it considers contracting out to be necessary and shall consult in good faith about whether the work should be contracted out and alternatives to contracting out to minimise any possible impact on existing staff members. Information to be provided will include relevant 53

57 budget and financial information and other relevant information demonstrating the need to outsource the services in question subject to any requirements of commercial confidentiality. The relevant senior manager will report to the relevant staff consultative committee on the outcome of the consultation process and the rationale for the decision made Where a decision to outsource will result in the redundancy of a number of positions in excess of those exemptions listed in clause 47.4, this will occur in accordance with the provisions of clause 47 Restructuring, Redeployment and Redundancy Where the relevant senior manager decides to contract work out to another organisation, the relevant group of staff within the University will be provided with the opportunity to tender for the work in competition with external providers. If successful, the group will be commissioned to carry out the work Where the decision has been made to outsource work, the University will use its best endeavours to negotiate employment arrangements with: (a) (b) The affected staff and the relevant unions, or other staff representatives the staff choose; and The outsourcing provider with a view to assisting affected staff to move to, or have the option of employment with, the outsourcing provider. Nothing herein however prejudices the outsourcing provider's rights to determine conditions of employment Notwithstanding the above, the University may, in respect of any emergency or other unforseen exigency, contract out work on a short term temporary basis, and may contract out in respect of occasional "one-off circumstances affecting a small number of professional staff (for example, training in the safe use of new equipment). In the case of an emergency or other unforeseen exigency the University will inform the relevant Consultative Committee Nothing in this clause limits the right of the University to hold discussions with potential providers of outsourcing services or arrangements. 49. USE OF CONTRACTORS 49.1 This clause does not apply to contracting arrangements in relation to academic staff Consultation will take place between the University, the affected staff, the relevant unions, or other staff representative(s) if they so choose, should the University wish to employ contractors to perform ongoing and substantial work that is currently being undertaken by University staff. Consultation in accordance with this clause will take place prior to the decision to contract out services being made except in the case of an emergency Such contract labour (as distinct from contracts for supply and installation) may be used by the University where the following conditions exist: (a) Where specific expertise is required; and (b) Where that expertise could not reasonably be attained by existing in-house staff. Where appropriate, lack of skills identified under this clause shall be targeted for inclusion in training/career development programs ; or 54

58 (c) Where the nature of the work is considered to be outside the work parameters expected of staff. (d) In the case of an emergency or unforeseen exigency, the University may contract out work on a short term temporary basis, and may contract out in respect of occasional one-off circumstances affecting a small number of staff (for example, training in the safe use of new equipment). 55

59 CHAPTER I: APPLICABLE TO ALL STAFF MEMBERS PART F: LEAVE ENTITLEMENTS 50. LEAVE ENTITLEMENTS 50.1 The following clause sets out the basic entitlements for staff in each of the leave categories. Detailed provisions for the granting and taking of leave and all leave related entitlements by various categories of staff and the arrangements for payment while on leave will be in accordance with the relevant leave policies Where a policy contains procedures that detail how a staff member can access leave entitlements, changes to the policy will be subject to agreement with the relevant staff consultative committee(s) Agreement will not be unreasonably withheld and will not be required where the amendments are due to changes in legislation For the purposes of the Agreement Casual cleaners engaged prior to 27 June 2005 are considered to be part-time staff Records of leave applications, takings and balances will be maintained Recreation Leave (a) (b) (c) (d) (e) (f) Full-Time staff members will be entitled to 145 hours (20 days for each 12 months of continuous paid service). Full-Time staff members on three continuous shifts per day over a period of seven days per week will be entitled to 181 hours 15 minutes (25 days) for each 12 months of continuous paid service. Part-time staff members will be entitled to pro rata the full-time rate. Casual staff members have no entitlement. It is expected that all recreation leave is taken within 12 months of accrual. Subject to operational requirements and as far as reasonably practicable, leave should be taken at a time which is convenient to the staff member; (g) Before a direction is made to take leave a staff member may accrue leave up to 290 hours (40 days) for full-time staff and hours (50 days) for shift workers. Leave in excess of 290 hours (40 days) for full-time staff and hours (50 days) for shift workers will be considered as excess leave for the purposes of this clause. (h) The University may direct a staff member with excess leave, to take leave as follows: (i) (ii) (iii) accrual of 60 days or more, up to 30 days leave; accrual of 50 to 60 days, up to 25 days leave; accrual of 40 to 50 days, up to 20 days leave. 56

60 (i) Where the University directs a staff member to take recreation leave, the supervisor will: (i) (ii) (iii) discuss the timing of the leave with the staff member allowing the staff member, subject to operational requirements, an opportunity to take an appropriate amount of leave at a time convenient to the staff member. allow the staff member to take leave in one or more blocks if the staff member wishes to do so; and provide the staff member with reasonable notice of the leave to be taken. (j) (k) Leave directed to be taken will be regarded as having been taken in accordance with that direction, except where a staff member applies to cancel the leave and approval is granted. Leave Loading for all staff will equate to 17.5% of ordinary salary except where shift and penalty payments would be greater with a maximum payment equal to the Australian Bureau of Statistics average weekly total earnings of all males (Australia) for the quarter preceding the date of accrual Personal Leave (Sick and Carers Leave) (a) (b) (c) (d) (e) (f) (g) (h) Continuing and Fixed-Term Professional Staff and TESOL Language teacher staff are entitled to 72.5 hours (10 days) paid leave in any 12 consecutive months of employment. Continuing and Fixed-Term Academic Staff are entitled to 72.5 hours (10 days) (cumulative) per annum, plus a further 35 days non-cumulative. Part-time staff are entitled to pro-rata the full-time rate. Casual staff are entitled to unpaid personal leave. Personal leave accrues pro-rata from date of commencing duty. Accumulated leave is not paid out at resignation/ retirement. Carer s Leave is available for dependent children, immediate or extended family and significant others. Medical certificate or statutory declaration is needed for more than three consecutive days. A staff member whose partner is confirmed as pregnant will be entitled to use any accrued carer s leave entitlement to attend appointment(s) directly related to their partner s pregnancy. At the discretion of the supervisor, the staff member may be required to provide medical certificate(s) or a statutory declaration confirming pregnancy and their attendance at the appointment(s) Additional Carer s Leave for All Staff (a) All staff members, except casual staff, who have completed 12 months of service are entitled up to a maximum of hours (5 working days) per annum to provide care for dependent children, immediate or extended family and significant others. Medical certificates or statutory declaration needed for more than three consecutive days. 57

61 50.9 Compassionate Leave (a) Continuing and Fixed-Term staff are entitled to 3 days paid leave and up to 5 days unpaid leave for the purpose of spending time with a person who is a member of the staff member s immediate family or household and has a personal illness, or injury, that poses a serious threat to his or her life; or after the death of a member of the staff member s immediate family or household. This entitlement also extends to members of a community of Indigenous Australians or where recognised cultural relationship exists. (b) Casual staff are entitled to two days unpaid leave Defence Forces Leave (a) All staff members are entitled to unpaid leave. (b) All staff members, other than casual staff, who are employed on a contract of employment for a period greater than one year, or have cumulative continuous employment with the University for more than one year, are deemed eligible for salary supplementation. Salary supplementation will be provided for a period of up to four (4) weeks per financial year. However, staff engaged in initial recruit training are eligible for salary supplementation for a period of up to five (5) weeks Community Service Leave (a) Staff members are entitled to unpaid leave for Community Service which includes: State Emergency Service; Qld Ambulance Service; Qld Fire & Rescue Service; Qld Rescue; Volunteer Marine Rescue Association Queensland; Australian Volunteer Coast Guard Association; Red Cross; St John's Ambulance. (b) Paid leave for staff members (other than casual staff) for jury duty and for other community service leave is in accordance with the relevant policy Long Service Leave (a) Full-time staff members will be entitled to 1.3 weeks for each completed years of service after 10 years of continuous service. (b) Part-Time staff members will be entitled to pro-rata the full-time rate after 10 years of continuous service. (c) Casual staff who have continuous service, in accordance with the relevant legislation, are entitled to pro-rata the full-time entitlement after 10 years of continuous service. (d) Staff will be entitled to take: (i) 1 to 4 weeks leave on three months notice; (ii) more than 4 weeks leave on six months notice. 58

62 A notice period may be waived by the Head of the Organisational unit. (e) A staff member may also apply to cash out an equivalent period of leave to the period of leave approved to be taken. (f) A staff member may request to take their leave at half-pay subject to operational requirements. (g) A staff member can be directed to take up to 4 weeks leave where accrual is greater than 15 weeks. (h) Where the University directs a staff member to take Long Service Leave, the supervisor will: (i) discuss the timing of the leave with the staff member allowing the staff member, subject to operational requirements, an opportunity to take an appropriate amount of leave at a time convenient to the staff member. (ii) allow the staff member to take leave in one or more blocks if the staff member wishes to do so; and (iii) provide the staff member with reasonable notice of the leave to be taken. (i) Leave directed to be taken will be regarded as having been taken in accordance with that direction, except where cancellation of this leave is sought and approved Special Paid or Unpaid Leave (a) In cases of pressing necessity, including situations of domestic violence or abuse, staff may apply for Special Leave consistent with the provisions of the policy. (b) Special Leave is not generally provided as additional sick leave. (c) The entitlement is at the discretion of the University Parental Leave (a) Full-time staff members who are primary care givers are entitled to 26 weeks paid leave after 12 months continuous service with additional unpaid leave in accordance with the Fair Work Act 2009 (Cth) which may be up to a total maximum of 104 weeks (2 years). (b) Paid Parental Leave is provided to a staff member who gives birth to a live child or where the partner of the staff member is also a University of Queensland staff member and who also has 12 months continuous service and elects to be the primary care giver. (c) Parental Leave must be taken in an unbroken period. A staff member may apply to the Director Human Resources to return to work on a fractional basis without breaking the period of parental leave. (d) Paid Parental Leave may be paid proportionately over a period of 52 weeks. (e) A staff member is entitled to return to the position held immediately before taking parental leave or a comparable position if the original position has been disestablished. 59

63 (f) A staff member who is unable to return to their substantive position on a full-time basis may be transferred in accordance with clause 51 of this Agreement. (g) At the discretion of the supervisor a staff member who has a confirmed pregnancy is entitled to up to hours paid leave to attend appointment(s) directly related to her pregnancy. The staff member may be required to provide medical certificate(s) or a statutory declaration confirming her pregnancy and attendance at the appointment(s). (h) Where the pregnancy of a staff member terminates within 28 weeks of the expected birth of the child, otherwise than by the birth of a living child, the staff member may use accrued compassionate leave and sick leave as recommended to be taken by a registered medical practitioner. The staff member will further be entitled to unpaid special maternity leave for any period as recommended by a registered medical practitioner certifies as necessary. (i) Full-time staff members who are not primary care givers but share the parenting responsibilities are entitled to two weeks paid leave in any 12 consecutive months of employment. (j) Part-time staff are entitled to pro-rata the full-time rate. (k) Eligible casual staff are entitled to unpaid parental leave Adoption Leave (a) Full-time staff members who are primary care givers and where the child is less than five years of age are entitled to 26 weeks paid leave after 12 months continuous service with additional unpaid leave in accordance with the Fair Work Act 2009 (Cth) which may be up to a total maximum of 104 weeks (Two years). (b) Where the child is older than five years of age and up to 16 years of age the staff member is entitled to 52 weeks unpaid leave after 12 months continuous service with additional unpaid leave in accordance with the Fair Work Act 2009 (Cth) which may be up to a maximum of 104 weeks (two years). (c) Adoption Leave must be taken in an unbroken period. (d) Paid Adoption Leave may be paid proportionately over a period of up to 52 weeks. (e) A staff member is entitled to return to the position held immediately before taking adoption leave or a comparable position if the original position has been disestablished. (f) A staff member who is unable to return to their substantive position on a full-time basis may be transferred in accordance with clause 51 of the Agreement. (g) A full-time staff member who is not the primary care giver but shares the parenting responsibilities is entitled to two weeks paid leave in any 12 consecutive months of employment. (h) Part-time staff are entitled to pro-rata the full-time rate. (i) Eligible casual staff are entitled to unpaid adoption leave. 60

64 51. TRANSFER ON RETURN FROM PARENTAL LEAVE 51.1 Where a staff member elects to return to work from a period of parental leave on a part-time basis and that request cannot be accommodated in the staff member s substantive position or Organisational Unit, the staff member may request to be transferred in accordance with this provision A staff member may be transferred on either a temporary or a permanent continuing basis. Where the staff member is transferred on a temporary basis on return from parental leave, the transfer may be up to the child s second birthday In order to access a transfer pursuant to this clause, the staff member must: (a) provide the University with no less than six (6) weeks written notice of their intention to return to work in a part-time capacity; (b) advise whether they are seeking transfer on a permanent or temporary basis; (c) advise their supervisor of their intention to seek transfer; (d) provide the University with a current resume The University will make reasonable attempts to find a suitable position for the staff member on either a permanent or a temporary basis. The transfer search period will be for 25 working days with consideration of the Christmas/New Year period where applicable. The transfer search period would ordinarily be completed prior to the staff member returning to work unless otherwise agreed The transferee will not be required to compete against external or internal applicants (other than staff who are being redeployed or transferred pursuant to this Agreement) in open competition, however,they will be required to meet the requirements of the position including selection criteria; or be capable of meeting them within a three (3) month period The University will notify the staff member of possible transfer opportunities. Alternatively the staff member may notify Human Resources of positions for which they wish to be considered In circumstances where the University is unable to transfer the staff member and the request for part-time work arrangements can not otherwise be met, the staff member will be expected to return to their substantive position On completion of a temporary transfer the staff member will either return to their substantive position or to a position at the same level with comparable responsibilities. 52. PUBLIC HOLIDAYS 52.1 Staff other than casual staff will be entitled to the following holidays without loss of pay: New Year s Day; Australia Day; Good Friday; Easter Saturday; Easter Monday; Anzac Day; Queen s Birthday; Labour Day; Christmas Day; 61

65 Boxing Day any other day or days gazetted in the State of Queensland in addition to or substitution of any of the above having application to the University of Queensland, provided that: (a) Where Christmas Day falls on a Saturday or on a Sunday, the following Monday and Tuesday shall be observed as Christmas Day and Boxing Day respectively; or (b) Where Boxing Day falls on a Saturday, the following Monday shall be observed as Boxing Day; and (c) Where New Year s Day falls on a Saturday or on a Sunday the following Monday shall be observed as New Year s Day Part-time staff who usually work on a day of the week on which a public holiday falls and are not required to work on that day will be paid for the hours which would normally have been worked on that day Where a public holiday falls on an staff member s rostered day off, such staff member shall receive: (a) another day off in lieu thereof; or (b) one (1) day shall be added to the staff member s recreation leave balance; or (c) one (1) day s pay, at ordinary rates, shall be paid in addition to the weekly pay. 53. LEAVE WITHOUT PAY 53.1 A staff member on Leave Without Pay in excess of three (3) months shall not accrue leave entitlements. Absence on a period of approved Leave Without Pay will not affect a staff member s continuous service nor will it count towards the service period for the purposes of accrual of credits toward a Special Studies or equivalent program. 62

66 CHAPTER II: ACADEMIC STAFF The provisions of this Chapter are intended only to apply to Academic Staff. 54. ACADEMIC FREEDOM 54.1 The University is committed to the protection and promotion of academic freedom within the University and in accordance with the relevant policy. The principle of academic freedom should be scrupulously observed at the University of Queensland Academic freedom includes the rights of all Academic staff to: (a) hold and express opinions about the operations of the University and higher education policy more generally; (b) pursue critical and open inquiry and to discuss freely, teach, assess, develop curricula, publish and research; (c) participate in public debates and express opinions about issues and ideas related to their discipline area; (d) participate in professional and representative bodies including industrial associations and to engage in community service without fear of harassment, intimidation or unfair treatment; (e) in exercising their freedom to carry out research have a responsibility to conduct it in accordance with the principles of intellectual rigour, scientific enquiry and research ethics without any interference or suppression; (f) express unpopular or controversial views, although this does not mean the right to harass, vilify, intimidate or demean other persons or groups In the exercise of academic freedom, Academic staff will observe the University Code of Conduct, act in a professional and ethical manner and in accordance with University policies, and will not harass, vilify, intimidate or defame the institution or its staff. 55. CAREER DEVELOPMENT FOR CASUAL ACADEMIC STAFF 55.1 The University s Tutorial Fellows and Tutorial Assistants Policy (PPL ) provides opportunities for casual staff undertaking post-graduate studies to obtain more secure employment on the basis of merit. The University will use its best endeavours to ensure that relevant positions are published in an appropriate manner The University will provide casual Academic staff with access to relevant training and career development courses in the Staff Development Programme Tutorial Assistants and Tutorial Fellows will be remunerated pro rata as Level A Academic staff and will work under the terms and conditions of their specific appointment The University will consult with the ASCC on the best means of providing teaching opportunities to postgraduate students. 63

67 56. CRITERIA FOR ACADEMIC PERFORMANCE 56.1 Criteria for Academic Performance are set out in the relevant University Policy (as amended from time to time). 57. SALARY MOVEMENT WITHIN AN ACADEMIC LEVEL 57.1 An Academic staff member will be eligible for movement, at least no later than 12 months since appointment or the previous increment, to the next highest salary point within the academic level as set out in Schedule 1 Academic Staff Salaries. Movement to the next salary increment will be automatic unless the staff member receives an unsatisfactory assessment during a Staff Appraisal carried out in accordance with clause 60, or the staff member is already at the top of the relevant increment Movement to the next highest salary point will be effective from the date provided in clause In cases where a Staff Appraisal is delayed, the date will not be changed and any increase in salary will be paid retrospectively in accordance with clause An Academic staff member who has been absent on unpaid leave in excess of three (3) months, in aggregate, may have the review delayed by the period of absence. 58. CLINICAL LOADINGS AND STATE SUPPLEMENTARY LOADINGS 58.1 A clinical loading may be payable to Academic staff who have clinically-related qualifications. The amount payable shall be determined by the relevant Executive Dean and shall be no less than provided in Schedule 1. This loading is superannuable and payable during periods of study leave, recreation leave and long service leave An additional State supplementary loading may be payable to Academic staff who undertake public hospital clinical responsibilities. The amount payable shall be determined by the relevant Executive Dean. This loading is superannuable and is not payable during periods of study leave, recreation leave and long service leave. 59. ACADEMIC STAFF WORKLOADS 59.1 The parties to this Agreement acknowledge that, subject to clause 59.3, academic staff may be required to: (a) contribute to teaching and research programs during summer sessions, weekend seminars and inter-semester periods in Australia or overseas. (b) contribute to programs or projects designed to increase the number of full fee paying students. (c) assist co-operatively in changing programs and courses through the available forums to ensure, for example, that unnecessary duplication or non-viable programs and/or courses are avoided Heads of Schools and Directors of Institutes and Centres must ensure that staff are consulted, and that workloads are allocated fairly and distributed equitably among staff in the school, institute or centre. The maximum number of hours which a full-time academic can be required to work in a calendar year is

68 59.3 To achieve this and to monitor workloads of staff generally within the school, institute or centre, the Head or Director, in accordance with the Guidelines for Allocation of Workload to Academic Staff, will: (a) develop, in consultation with academic staff of the school, institute or centre and implement, an agreed method of calculating comparative workloads of academic staff, and presenting them publicly within the school, institute or centre; (b) ensure that the agreed method of calculating workloads represents a fair and accurate estimate of the average time that a staff member should take to perform that work to a professional standard and at a satisfactory level of performance; (c) ensure that each School s workload allocation model includes a typical workload range (minimum and maximum thresholds) for teaching and teaching-related duties as appropriate for each type of academic role (Teaching and Research; Teaching Focused; Research Only; or Clinical Academic). (d) Allocate an appropriate balance across teaching-related duties (including RhD supervision), scholarship or research, and engagement for each individual staff member (relevant to their designated role of Teaching and Research; Teaching Focussed; Clinical Academic; or Research Only staff). (e) In undertaking this allocation, reasonable consideration will be given to the staff member s: (i) appointment fraction; (ii) family and personal responsibilities; (iii) early career status as appropriate: (iv) agreed professional development needs of staff; and (v) agreed objectives for confirmation, promotion or career progression more generally The University may only require academic staff to teach in two out of the three of Semester 1, Semester 2 and Summer Semester. Academic staff may, by agreement, teach or convene courses in each of three consecutive semesters where that includes a summer semester. Where Academic staff agree to work during summer semester in this context, this will be recognised in the School s workloads allocations by provision of an equivalent teaching-free or convening- free time during the rest of the year, or other agreed offset Changes to the Guidelines for the Allocation of Workload to Academic Staff will be subject to consultation with the ASCC. The maximum number of hours specified in the Agreement and Guidelines will not be varied within the nominal life of the Agreement Should a staff member have concerns about the workload that has been assigned to them by their supervisor or manager, the staff member may raise the matter in the first instance through the Staff Grievance Resolution Procedure. 60. STAFF APPRAISAL 60.1 This clause is designed to provide a mechanism to assess the performance of Academic staff. The main objectives of Academic staff supervision and appraisal are to: (a) Implement developmental/growth opportunities for Academic staff; and (b) Provide assistance to any Academic staff member whose performance is assessed as requiring improvement. 65

69 60.2 Each Academic staff member will meet annually with his/her supervisor to conduct a formal review. An Achievements and Objectives Form will be provided to the supervisor by the staff member Staff who are expecting incremental progression, those who are applying or planning to apply for a Special Studies Program (SSP), promotion, continuing appointment or review of probation, will also provide to their supervisor for discussion, (in addition to the Achievements and Objectives Form) a full academic portfolio covering achievements in the broad areas of: (a) Teaching and supervision; (b) Scholarship, research and original achievement; and (c) Service to the University and the community The policy on Criteria for Academic Performance will be used in reviewing performance. This review will address issues of staff development personal and career planning, assessment of achievements and, where relevant, recommendations relating to other formal processes in the University such as continuing appointment, promotion, SSP, and incremental progression The outcomes from the review will be one or more of the following, as relevant to the particular circumstances of the Academic staff member: (a) The supervisor's assessment of progress of probationary staff; (b) The supervisor s assessment of performance; (c) A personal and professional development plan, completed and agreed by the staff member and the supervisor. (This document will remain confidential to the staff member, the supervisor and the Head of School / Organisational Unit.); (d) The supervisor's recommendation concerning incremental progression where required; and/or (e) The supervisor's recommendation in relation to mid-term and final review for continuing appointment, or for promotion, or for SSP as appropriate. (f) These documents/recommendations will be sighted and signed by the staff member and submitted to the relevant University process at the appropriate time. 61. ACADEMIC STAFF SUPERVISION 61.1 Each Academic staff member shall have a nominated supervisor, and shall be advised in writing of the name and position of the nominated supervisor. Academic staff may request the nomination of an alternative supervisor Supervisors shall provide academic and administrative leadership and are responsible for monitoring the performance of academics and for providing assistance to Academic staff whose performance is assessed as requiring improvement. Wherever possible supervisors shall be competent in the broad areas of expertise of the Academic staff for whom they are responsible The supervisor shall be the head of the academic unit in which the academic is employed, provided that the relevant Executive Dean or Institute Director may delegate in writing another Academic staff member classified at Level C or above to be the supervisor of one or more Academic staff or group of Academic staff. Appropriate Level B staff can also be approved in this way as a supervisor for a limited number of research or professional staff, where the Level B staff member is: (a) (b) (c) the relevant chief investigator or joint chief investigator; or responsible for post-doctoral research fellows working specifically with a researcher; or responsible for the specific area of research activity within a larger research group. 66

70 61.4 The supervisor, if not already trained, shall within three (3) months of being nominated, receive appropriate training in Academic staff assessment techniques, University policies and the provisions of this Agreement Nothing in this clause prevents an Academic staff member who is head of an academic organisational unit which is not a sub-component of any larger academic organisational unit (such a unit may be called a "Faculty", "Division" or similar title) being made directly responsible to the Provost, Deputy Vice-Chancellor (Research) or Deputy Vice-Chancellor (Academic), in which case the terms of clauses 61.1 to 61.4 shall have no application to the Academic staff member. 62. EARLY CAREER ACADEMIC APPOINTMENTS 62.1 Early Career Academic (ECA) appointments will be full-time or part-time (minimum 0.5 fraction) Teaching and Research or Teaching Focused positions The University will, over the life of the Agreement, create, advertise and fill twenty (20) ECA positions Where, over the life of the Agreement, the University demonstrates that it has made every reasonable effort to create, advertise and fill the number of positions stated above, Clause62.2 will not be a disputable matter or subject to a breach notification by the Union Eligibility to Apply (a) Eligibility to apply for an ECA will be restricted to: (i) Casual academic staff who have submitted or been awarded a PhD and have performed casual teaching work for an Australian University in 4 semesters or equivalent teaching periods over at least the preceding 3 years; and, (ii) Fixed-term staff who have submitted or been awarded a PhD and have in the two years preceding their application been employed by an Australian University in a fixed-term postdoctoral research fellowship, fixed-term research, replacement or subsidiary to studentship position. (b) Persons who have previously held a continuing academic appointment at any University are ineligible to apply. (c) Appointments will be made on merit Duties and Level (a) The teaching and teaching-related duties of ECAs will normally be duties that have previously been performed by casual academic staff employed by the University. (b) The duties of an employee who has been made redundant (voluntary or otherwise) must not be allocated in their entirety to ECAs within 3 years of the redundancy. (c) Successful applicants will be appointed to Level A or B, depending on their level of experience, qualifications and the duties required and in accordance with Schedule 13 Academic Level Descriptions. Successful applicants who meet the criteria for academic performance at Level B may be appointed at that level. 67

71 62.6 Appointments (a) The initial employment will be fixed-term for two (2) years. (b) University policy and procedures relating to the performance appraisal of academic probationary staff members will apply to staff appointed as ECA. (c) Three months prior to the end of the initial appointment, a further 1 year fixed-term appointment will be offered, unless: the staff member s performance has been assessed as unsatisfactory; or there is no continuing need for the work to be performed. (d) During this second period of appointment, the staff member will be invited to apply for confirmation to a continuing appointment in accordance with the relevant policy and timelines. (e) Where the application is successful the staff member will be confirmed as a continuing appointment. (f) Where the application is not successful, the appointment will normally continue until the expiry of the fixed-term appointment. However in such circumstances the employment may be terminated by either the University or the staff member unilaterally with the provision of 4 weeks notice. (g) Where a staff member does not apply for confirmation of appointment, the appointment will cease upon its expiry date Workloads and Support (a) (b) A staff member appointed to an ECA will be provided with support, assistance and mentoring opportunities during the period of the appointment so as to maximise their chance of achieving confirmation as a Teaching and Research or Teaching Focused staff member. For the purposes of workload allocation a staff member holding an ECA will be considered an early career academic. 68

72 CHAPTER III: PROFESSIONAL STAFF The provisions of this Chapter are intended only to apply to Professional staff unless stated otherwise. 63. STAFF SALARIES 63.1 Salary Increases With the exception of the salaries of apprentices and trainees, Security Shift Superintendents, Customs House Staff, staff on a supported wage, and casual staff employed in the Institute of Social Science Research Computer Assisted Telephone Interviewing (CATI) laboratory, the classifications and salaries for Professional staff at The University of Queensland shall be as set out in this Chapter III. (a) An Apprentice s rate of pay will be calculated according to the following percentages of the rate prescribed in Schedule 3 for a HEW 3.1 staff member: Year 1 40% Year 2 55% Year 3 75% Year 4 90% Provided that an Apprentice entering their indenture after the age of 21 years shall be paid a minimum of Level HEW 3.2 for the term of their indenture. (b) Trainees shall be paid in accordance with the relevant University policy and the Higher Education Industry General Staff Award (c) The rates in Schedule 2, 4, 5, 8, 10 and 11 shall be increased on or from the dates as set out below: 1 July % 1 January % 1 January % 1 January % (d) The total salaries and salary increases payable to Security Shift Superintendents are set out in Schedule 8. (e) The total salaries and salary increases payable to Customs House staff are set out in Schedule 10. (f) The total salaries and salary increases payable to casual staff in the Institute of Social Science Research Computer Assisted Telephone Interviewing (CATI) laboratory are set out in Schedule 11. (g) Staff eligible for a supported wage will be paid in accordance with the relevant University policy. 69

73 63.2 Supervisors of Staff A staff member who is appointed wholly or mainly to supervise, and be responsible for, the work distribution of other staff on a continuing basis will not be appointed to a HEW level less than the highest HEW level of the staff of whom they are appointed to supervise Higher Duties Where a staff member is appointed in writing by the University to perform for a period of five (5) working days or more, the duties of a staff member in a higher position, such staff member will normally be paid for the whole of that time at the minimum rate prescribed for the higher position, provided that the relieving staff member will be paid no less than their existing rate of pay. 64. EVALUATION OF PROFESSIONAL STAFF POSITIONS (UP TO AND INCLUDING HEW LEVEL 9) 64.1 Evaluation and classification of positions shall be in accordance with the relevant policy. The University is committed to openness and transparency in the process for evaluation and classification of positions and seeks consistency in classification outcomes across the University. The evaluation and classification process focuses on the work value of the position, not on the personal performance of the incumbent. The work value of the position incorporates the training, experience and skills required to perform the duties and responsibilities required of the position Within reason, staff may be required to perform tasks which are incidental and peripheral to the staff member s major duties, subject to: (a) The University s commitment to provide a safe and healthy work place. (b) The Staff member having been adequately trained to perform the duties in question. (c) Consultation with the staff member. (d) Such duties not being designed to promote deskilling. (e) Taking into account the staff member s workload All staff will have a position description for the role they undertake. Position descriptions will be reviewed, where appropriate, through the annual recognition and development process or at any other time where ongoing changes to the substantive duties and responsibilities of the role are identified. The position description will be classified in accordance with the Classification Structure and Job Descriptors outlined in Schedule 6 of this Agreement Notwithstanding clause 64.3, persons employed to undertake catering and hospitality work at Customs House will be employed in accordance with the Classification Structure and Job Descriptors set out in Schedule 10 of this Agreement A staff member may request evaluation of a position where they are the incumbent or a supervisor may initiate the request with the agreement of the staff member. It is important that the staff member and supervisor discuss the requirements of the position and ideally reach agreement on the responsibilities and requirements of the position. A staff member may request evaluation without the agreement of their supervisor, provided only one such request is made in any 12-month period The supervisor can provide valuable input into the documentation and provide feedback, support and clarification of the expectations of the position. 70

74 64.7 An application for evaluation must be signed by the staff member and the supervisor. Where the request has been made at the initiative of the staff member, the supervisor s signature indicates awareness of the application for reclassification; it does not imply support or non-support for the request. A supervisor may provide their additional comments on the request if they choose. The process for evaluation of the position is contained in the relevant policy Where a position is reclassified, the increase in salary will normally be backdated to the date the application is formally submitted to the staff member s supervisor. 65. VOLUNTARY VARIABLE WEEKS/ANNUALISED SALARY PROGRAM 65.1 A Professional staff member may, with approval of their supervisor, take up to four (4) weeks additional leave in a year and receive a corresponding reduction in annual salary which will be paid as a fractional salary over the full year The staff member s annualised salary will be the product of the fraction of the hours worked per week and the fraction of the total weeks worked in the year plus four (4) additional weeks of the contracted hours per week Staff members working an annualised salary program will retain any entitlements accrued at the full fraction at the date of commencing annualised hours From the commencement of an annualised hours program the staff member will be entitled to receive leave entitlements under this Agreement on a proportional basis in accordance with the relevant policy Annualised hours programs will generally be arranged on an annual basis. In exceptional circumstances and only with agreement of the supervisor, a staff member may discontinue their scheme of annualised hours with four (4) weeks notice. The University may agree to waive the notice requirements Approval for requests to work annualised hours will not be unreasonably refused. 66. CASUAL MINIMUM HOURS 66.1 The minimum period of engagement for casual Professional staff shall be three (3) hours, subject to: (a) Persons that are students (including post graduate students) who are expected to attend the University on that day in their capacity as students, and persons with a primary occupation elsewhere (or with the University), shall have a minimum engagement of one (1) hour. Without limiting the scope of this clause, for purpose of this clause, a student will be taken as being expected for attendance on any Monday to Friday during the main teaching weeks of the University, other than public holidays as applied at the relevant institution. (b) The minimum engagement shall be two (2) hours for casual staff (other than students with a one (1) hour minimum engagement) engaged in the following categories or work: (a) Farm staff (including fruit and vegetable workers, pastoral workers) (b) Crop and animal attendants (c) Actors 71

75 (d) Hospitality and Catering staff (e) Trades and maintenance staff (excluding electricians) (f) Gardeners and grounds staff (g) Dental Assistants (h) Nurses (i) Residential Colleges Staff (c) In order to meet their personal circumstances, a casual staff member may request and the employer may agree to an engagement for less than the minimum of three (3) hours There will be no multiple starts on any one (1) workday, in any one (1) work unit unless by agreement. 67. ELIGIBILITY FOR CASUAL PROFESSIONAL STAFF CONVERSION 67.1 This provision only applies to Professional staff Casual staff may apply for conversion to non-casual employment where they have been employed on a regular and systematic basis in the same or a similar position for 12 months at least at 50% of ordinary weekly hours or over a period of 24 months An application for conversion shall not be unreasonably refused. Reasonable grounds for refusal are, but are not limited to, where the staff member: (a) is a student or has recently been a student, other than where their status as a student is irrelevant to their engagement and the work required; (b) is a genuine retiree; (c) is performing work which will either cease to be required or will be performed by a non-casual staff member, within 26 weeks (from date of application); (d) has a primary occupation with the University or elsewhere (e) does not meet the essential requirements of the position; (f) is performing work which is ad hoc, intermittent, unpredictable or involves hours that are irregular A staff member must not be engaged and re-engaged nor have their hours reduced in order to avoid any obligation under this clause The employment and payment of casual staff and all consideration of the conversion of casual staff will be in accordance with the relevant policy The University must determine an application for conversion either by offering conversion to noncasual employment or by rejecting the application. If the University rejects the application, it must provide written reasons for rejecting it. If the application is accepted, the staff member will be offered a non-casual position. 68. ALLOWANCES 68.1 Staff are entitled to be paid one (1) or more work and expenses related allowances and will be eligible for the allowances and rates of payment in accordance with the relevant policy. None of the allowances prescribed shall have application to work performed on an international assignment. In these cases the staff member shall receive an amount no less than actual reasonable expenses incurred. 72

76 68.2 A table of Professional staff allowances is contained in Schedule 12 of this Agreement. 69. INDEXATION OF ALLOWANCES 69.1 The allowances referred to in this Chapter and prescribed in the relevant University policy shall be increased as follows: 69.2 Work related expenses shall be increased in accordance with the percentage increase applicable to the HEW 3.1 rate Work related allowances will be increased on an annual basis to reflect movements in the CPI category as at June 29 as nominated in each category. 70. HOURS AND WORK PATTERNS Where the University proposes a change to the regular roster or ordinary hours of work of staff, the University will consult with affected staff TABLE 1A HOURS OF WORK STANDARDS FOR OCCUPATIONAL CATEGORIES HEW LEVELS 1 TO 7) FULL AND PART-TIME STAFF INCLUDING FIXED-TERM STAFF (HEW LEVELS 1 to 7 ONLY) (a) The ordinary hours of work will be in accordance with Table 1 below subject to any individual or work area arrangements that apply including flexible working hours. (b) Arrangements to vary working hours made pursuant to or in compliance with any previous industrial instrument, where the arrangements are still in operation at the commencement of the Agreement, shall remain in force. (c) Table 1A sets out the standard arrangements within which hours of work are determined for full-time and part-time staff. These standards will operate unless varied as per this Agreement. (d) Except in the case of shift workers, a staff member who is employed for at least six (6) hours, will be allowed an unpaid break of 45 minutes for a meal, to be taken in accordance with University policies PPL Professional Staff Flexible Working Arrangements and PPL Hours of Work/Ordinary Hours (Professional Staff). Unless otherwise directed by their supervisor staff are required to take a lunch break of at least 30 minutes duration after five (5) hours work. 73

77 OCCUPATIONAL CATEGORY (Excluding Staff At Or Above HEW Level 8). Administration. Security. Trades & Services Technical & Scientific Professional Services. Cleaners. Standard Spread of Hours Worked for fulltime and part-time including fixed-term staff Monday to Friday. Monday to Friday. Monday to Friday. 8am to 6pm. 7am to 6pm. 6am to 6pm. Notice required from the University to change commencing and ceasing times within Standard Spread of Hours in column 2 At least one (1) week s notice from the University. At least one (1) week s notice from the University. At least one (1) week s notice from the University. Standard Hours Work Arrangements Maximum hours per Day for fulltime and parttime staff including fixedterm staff Standard hours excluding meal breaks: Fulltime staff including fixedterm staff may work a maximum of seven (7) hours 15 minutes per day. Part- time staff including fixed-term staff may work a maximum of eight (8) hours per day. Standard hours excluding meal breaks: Fulltime staff including fixedterm staff may work a maximum of seven (7) hours 15 minutes per day. Part- time staff including fixed-term staff may work a maximum of eight (8) hours per day. Standard hours excluding meal breaks: Fulltime staff including fixedterm staff may Maximum hours per Week or per Work Cycle for full-time and part-time staff including fixed-term staff Standard hours excluding meal breaks: Full-time and Part-time staff including fixed-term staff may work 36 hours 15 minutes per week (72 hours 30 minutes per fortnight). Standard hours excluding meal breaks: Full-time and Part-time staff including fixed-term staff may work 36 hours 15 minutes per week (72 hours 30 minutes per fortnight). Standard hours excluding meal breaks: Full-time and Part-time staff including fixed-term staff may work 36 74

78 Library. Information Technology. Sunday to Saturday over no more than five (5) consecutive days. Research. Sunday to Saturday over no more than five (5) consecutive days. Marketing (Student Recruitment / Promotion). Monday to Sunday. open span. open span. 6am to 10pm. At least one (1) week s notice from the University. At least one (1) week s notice from the University. At least one (1) week s notice from the University. work a maximum of seven (7) hours 15 minutes per day. Part- time staff including fixed-term staff may work a maximum of eight (8) hours per day. Standard hours excluding meal breaks: eight (8) hrs per day. Standard hours excluding meal breaks: Fulltime staff including fixedterm staff may work a maximum of seven (7) hours 15 minutes per day. Part- time staff including fixed-term staff may work a maximum of eight (8) hours per day. Standard hours excluding meal breaks: Fulltime staff including fixedterm staff may work a maximum of seven (7) hours 15 minutes per day. Part- time staff including fixed-term staff may work a maximum of eight (8) hours per day. hours 15 minutes per week (72 hours 30 minutes per fortnight). Standard hours excluding meal breaks: 145 hrs per four (4) week cycle. Standard hours excluding meal breaks: Full-time and Part-time staff including fixed-term staff may work 36 hours 15 minutes per week (72 hours 30 minutes per fortnight). Standard hours excluding meal breaks: Full-time and Part-time staff including fixed-term staff may work 36 hours 15 minutes per week (72 hours 30 minutes per fortnight). 75

79 Gardeners/ Grounds. Monday to Friday. Examination supervisors Graduation attendants. Open day /Expo Uni display attendants Monday to Saturday. Monday to Sunday. Monday to Sunday. UniSafe Escorts. Monday to Sunday. Animal and crop attendants. Monday to Sunday. 6am to 5pm. 7am to 9pm. 10am to 10pm. 6am to 10pm. Noon to 11pm. 5am to 10pm. At least one (1) week s notice from the University. At least one (1) week s notice from the University. At least one (1) week s notice from the University. At least one (1) week s notice from the University. At least one (1) week s notice from the University. At least one (1) week s notice from the University. Standard hours excluding meal breaks: Fulltime staff including fixedterm staff may work a maximum of seven (7) hours 15 minutes per day. Part- time staff including fixed-term staff may work a maximum of eight (8) hours per day. Standard hours excluding meal breaks: eight (8) hrs per day. Standard hours excluding meal breaks: 12 hrs per day. Standard hours excluding meal breaks: 12 hrs per day. Standard hours excluding meal breaks: eight (8) hrs per day. Standard hours excluding meal breaks: eight (8) hrs per day. Standard hours excluding meal breaks: Full-time and Part-time staff including fixed-term staff may work 36 hours 15 minutes per week (72 hours 30 minutes per fortnight). Standard hours excluding meal breaks: 72 ½ hours per fortnight. Standard hours excluding meal breaks: Full-time and Part-time staff including fixed-term staff may work 36 hours 15 minutes per week (72 hours 30 minutes per fortnight). Standard hours excluding meal breaks: Full-time and Part-time staff including fixed-term staff may work 36 hours 15 minutes per week (72 hours 30 minutes per fortnight). Standard hours excluding meal breaks: 72 ½ hours per fortnight. Standard hours excluding meal breaks: 72 ½ hours per fortnight. 76

80 Student vacation program attendants. UQ Centre hospitality and function attendants Monday to Sunday. Open span. At least one (1) week s notice from the University. Standard hours excluding meal breaks: 12 hrs per day. Standard hours excluding meal breaks: 72 ½ hours per fortnight. Field Work (Excluding Staff At Or Above HEW Level 8). Monday to Sunday. Open span. At least one (1) week s notice from the University. Standard hours excluding meal breaks: 12 hrs per day. Standard hours excluding meal breaks: Standard hours excluding meal breaks: 145 hrs per four (4) week cycle. (e) All staff are entitled to rest pauses in accordance with University policies PPL Professional Staff Flexible Working Arrangements and Hours of Work/Ordinary Hours (Professional Staff) For the purposes of this Agreement, the Professional Services Occupational Category includes but is not limited to lawyers, architects, veterinary nurses and any other profession that does not otherwise fit within the above specified occupational categories TABLE 1B HOURS OF WORK STANDARDS FOR OCCUPATIONAL CATEGORIES HEW LEVELS 8 AND ABOVE. FULL AND PART-TIME STAFF INCLUDING FIXED-TERM STAFF (HEW LEVELS 8 AND ABOVE ONLY). (a) Except as otherwise specified in this Agreement, there are no fixed span of hours for staff at these levels and there is no requirement for recording hours worked. (b) Table 1B sets out the standard arrangements for HEW Level 8 and above staff. (c) Except in the case of shift workers, a staff member who is employed for at least six (6) hours, will be allowed an unpaid break of 45 minutes for a meal, to be taken in accordance with University policies PPL Professional Staff Flexible Working Arrangements and PPL Hours of Work/Ordinary Hours (Professional Staff). Unless otherwise directed by their supervisor staff are required to take a lunch break of at least 30 minutes duration after five (5) hours work. (d) All staff are entitled to rest pauses in accordance with University policies PPL Hours of Work/Ordinary Hours (Professional Staff). (e) Where HEW Level 8 and above staff are required to work in excess of the hours referred to in Table 1B, in accordance with the National Employment Standards contained in the Fair Work Act 2009 (Cth) (as amended from time to time), they may be compensated by way of either monetary payment or time-off-in-lieu on a time-for-time basis by prior agreement with their supervisor where practicable. These arrangements may apply where the hours are worked on a sustained basis, or due to such matters arising from emergencies, or other university needs or events. The supervisor in these circumstances may require the staff member to provide documentation substantiating their claim under this clause. 77

81 OCCUPATIONAL CATEGORY All HEW Level 8 and above staff. Standard Spread of Hours for full-time and part-time staff including fixed-term staff Monday to Open span. Sunday. Hours per Week or per Work Cycle for full-time and part-time staff including fixed-term staff 36 hours 15 minutes per week (72 hours 30 minutes per fortnight). Overtime Overtime payments (at time for time) or TOIL (at time for time) by agreement TABLE 2 HOURS OF WORK STANDARDS FOR OCCUPATIONAL CATEGORIES FOR ALL CASUAL STAFF (HEW LEVEL 1-10) OCCUPATIONAL CATEGORY Standard Spread of Hours for casual staff Notice required from the University to change commencing and ceasing times Maximum hours per Day and per week for all casual staff other than security staff working a rotating shift roster Administration. Trades & Services. Technical & Scientific. Professional Services. Gardeners/Grounds. Cleaners. Library. Information Technology. Research. Marketing (Student Recruitment / Promotion). Graduation attendants. Open day/expo Uni display attendants. UniSafe Escorts. Animal and crop attendants. Student vacation program attendants. UQ Centre hospitality and function attendants. Field Work. Monday to Friday. Sunday to Saturday over no more than five (5) consecutive days. Monday to Sunday. Examination supervisors. Monday to Saturday. Open span. As above. As above. As above. Reasonable notice from the University. As above. As above. As above. Standard hours excluding meal breaks: Maximum of seven (7) hrs 15 mins per day or the standard work day applicable in the work area. Maximum of 36 hrs 15 mins per week. As above. As above. As above. 78

82 70.5 TABLE 3 FLEXIBLE WORK ARRANGEMENTS FOR ALL FULL-TIME AND PART-TIME STAFF INCLUDING FIXED TERM STAFF (EXCLUDING CASUAL STAFF AND ALL STAFF AT HEW LEVEL 8 AND ABOVE) (a) A system of flexible working hours (as provided in Table 3 below) may be worked in lieu of the standard hours of work where mutually agreed between the supervisor and the staff member. Flexible work arrangements are subject to operational requirements to the work unit or area, and can be withdrawn at the request of either party by the notifying party providing seven (7) days notice and reasons for the change. (b) A staff member working flexitime or voluntary banked time may, where mutually agreed between the supervisor and the staff member, work on an ad hoc basis outside the standard spread of hours prescribed in Table 1 as ordinary hours. Payment will be at ordinary rates. OCCUPATIONAL CATEGORY All occupational categories listed in Table 1 other than Research staff (Excluding Staff At Or Above HEW Level 8). Research (Excluding Staff At Or Above HEW Level 8). Nine (9) day fortnight. Nineteen (19) day month. Flexi-time Voluntary Banked Time Subject to Subject to Subject to Subject to operational operational operational operational requirements and requirements requirements requirements agreement with the and agreement and agreement and agreement relevant supervisor staff with the relevant with the relevant with the relevant may work 45 hrs 15 mins supervisor staff supervisor staff supervisor staff per week or 942 hours may work 40 hrs may work 40 hrs may work 40 hrs 30 mins per mins per 30 mins per 30 mins per weeks with a maximum week, 72 hrs 30 week or 145 hrs week or 145 hours per day of nine (9) mins per per four (4) hours per four hrs. fortnight with weeks with (4) weeks with a maximum hours maximum hours maximum hours per day of eight per day of eight per day of nine (8) hrs 30 mins. (8) hrs 30 mins. (9) hrs Working hours for Professional staff on research projects will be open to flexible arrangements, agreed between the supervisor and the staff member/s, so as not to unduly impede the requirements of the research program. Where agreement on the proposed hours cannot be reached by consultation with the staff directly involved, the issue shall be dealt with in accordance with the dispute resolution provision. (c) Arrangements to vary working hours made pursuant to or in compliance with any previous industrial instrument, where the arrangements are still in operation at the commencement of the Agreement, shall remain in force TABLE 4: CHANGES TO STANDARD SPREAD OF HOURS, MAXIMUM HOURS PER WORK CYCLE AND MAXIMUM NUMBER OF HOURS WORKED PER DAY Arrangements to vary working hours made pursuant to or in compliance with any previous industrial instrument, where the arrangements are still in operation at the commencement of the Agreement, shall remain in force. 79

83 OCCUPATIONAL CATEGORY All occupational categories listed in Table 1 (Excluding Staff At Or Above HEW Level 8 and casual staff) Initiation of Change Exclusions Documentation of Change Changes to the Standard Spread of Hours Initiated by staff including weekend work Changes may be initiated by one or more staff members. Any changes will only be undertaken where there is mutual agreement between the staff member/s and the supervisor. Not applicable. Such agreements shall be documented and forwarded to relevant Human Resources Consultant or Manager. The failure to document such arrangements Changes to the Standard Spread of Hours Initiated by the University The University may require staff to be rostered outside the standard spread of hours, prescribed in Table 1 due to operational requirements. In these circumstances the ordinary hours of work may be varied to reflect operational needs. The University will not seek to utilise these provisions unreasonably. Procedures for variation do not apply to any roster or proposed change of roster for categories of staff where the proposed change is within the existing hours of work as prescribed in this Agreement. Variation of the ordinary hours of work is subject to consultation with staff including, but not limited to family responsibilities, safety, travel arrangements and alternative operational requirements. The PSCC will be informed of any such arrangements. Changes to the Maximum Hours Per Work Cycle Changes may be initiated by one (1) or more staff members or by a supervisor or head of an organisational unit. Not applicable. Such agreements shall be documented and forwarded to relevant Human Resources Consultant or Manager. The failure to document such arrangements shall not render Changes to the Maximum Number of Hours Per Day (of up to ten (10) hours subject to the requirements of the National Employment Standards in the Fair Work Act) Changes may be initiated by one (1) or more staff members or by a supervisor or head of an organisational unit. Not applicable. Such agreements shall be documented and forwarded to relevant Human Resources Consultant or Manager. The failure to document such arrangements shall not render any time worked outside the 80

84 OCCUPATIONAL CATEGORY All occupational categories listed in Table 1 (Excluding Staff At Or Above HEW Level 8 and casual staff) Changes to the Standard Spread of Hours Initiated by staff including weekend work shall not render any time worked outside the spread of hours as overtime. Such hours will be deemed to be ordinary time and paid at ordinary rates. Changes to the Standard Spread of Hours Initiated by the University Changes to the Maximum Hours Per Work Cycle any time worked outside maximum hours per work cycle as overtime. Such hours will be deemed to be ordinary time and paid at ordinary rates. Changes to the Maximum Number of Hours Per Day (of up to ten (10) hours subject to the requirements of the National Employment Standards in the Fair Work Act) maximum number per day as overtime. Such hours will be deemed to be ordinary time and paid at ordinary rates. Payment of additional Penalty Rates Not applicable. (a) A penalty rate of 20% will apply to all ordinary hours worked outside the standard spread of hours. Not applicable. Not applicable. (b) Weekend penalty rates for ordinary time shall be in accordance with clause 70.7 Table 5. (c) If the proposal is for work performed beyond 10.15pm these workers will be designated as shift workers for the purposes of this roster and paid accordingly. 81

85 70.7 TABLE 5: PENALTY AND OVERTIME PROVISIONS (EXCLUDING STAFF AT HEW LEVEL 8 AND ABOVE) (a) A staff member may be required to perform reasonable overtime. (b) The provisions of this Agreement in relation to hours of work and overtime do not apply to staff whilst they are travelling or performing work away from the University whether that is intra-state; interstate or overseas. There is no requirement to record or maintain time sheets. Working arrangements for such work and travel shall be subject to local arrangements. (c) All work required to be performed in excess of ordinary working hours, or outside of commencing and ceasing times fixed pursuant to clause 70.1 on any one (1) day or in any one (1) week will be deemed to be overtime. (d) A casual staff member shall only be entitled to overtime where hours worked are in excess of hours per week or 7.25 hours on any one (1) day (except in cases where the standard working day for the work area exceeds 7.25 hours in which case overtime will be paid in excess of the standard working day). In respect of such excess the staff member shall only receive the greater of overtime rates set out in clause 70.7 or the casual loading but not both. (e) The University may approve a staff member s request to take time off-duty in lieu (TOIL) of the overtime payment which will be computed at the value of the appropriate penalty rate applicable to the overtime worked and no staff member will be allowed to accumulate more than five (5) working days credit at any time. (f) The calculation and payment of overtime and granting of TOIL for various categories of staff will be in accordance with University policy PPL Overtime for Professional Staff. (g) Any staff member recalled to duty outside the ordinary hours will be paid at the prescribed overtime rate with a minimum payment of two (2) hours work, provided that general assistant (trades), skilled trades assistant, or basic or advanced tradespersons will be entitled to a minimum payment of four (4) hours work. Where a staff member is on-call and is recalled to work they will remain entitled to the applicable on-call allowance. 82

86 Penalty Overtime Penalty Overtime OCCUPATIONAL CATEGORY (Excluding staff at or above HEW level 8) Administration. Technical & Scientific. Professional Services. Gardeners/Grounds. Cleaners. Information Technology. Research. Marketing (Student Recruitment / Promotion). Graduation attendants. Open day/expo Uni display attendants. UniSafe Escorts. Animal and crop attendants. Student vacation program attendants. UQ Centre hospitality and function attendants. Field Work. Examination supervisors. All ordinary hours of work after 6pm Monday to Friday. Not applicable. Where the staff member s ordinary working hours are between midnight Friday and midnight Sunday All ordinary working hours paid at time and a half. Monday to Saturday Time and a half for the first three (3) hours and double time thereafte r. Sunday Double time. Working on a Public Holiday within normal span of hours (minimum four hour engageme nt) Double Time and a half. Overtime on a Public Holiday or working outside normal span of hours on a public holiday (no minimum engagemen t) Double the rate specified for Monday to Saturday. Trades & Services Not applicable All ordinary working Time and a half for Double time. Double Time and a Double the rate 83

87 Penalty Overtime Penalty Overtime OCCUPATIONAL CATEGORY (Excluding staff at or above HEW level 8) All ordinary hours of work after 6pm Monday to Friday. Library Full-time and parttime staff shall receive a loading of 20% for all ordinary hours of work after 6pm Monday to Friday. Where the staff member s ordinary working hours are between midnight Friday and midnight Sunday. hours paid at time and a half. All ordinary working hours paid at time and a half. Monday to Saturday the first two (2) hours and double time thereafte r. Time and a half for the first three (3) hours and double time thereafte r. Sunday Double time. Working on a Public Holiday within normal span of hours (minimum four hour engageme nt) half. Double Time and a half. Overtime on a Public Holiday or working outside normal span of hours on a public holiday (no minimum engagemen t) specified for Monday to Saturday. Double the rate specified for Monday to Saturday. Any staff who work a roster which provides for more than one shift. Not applicable. Not applicable. Double time. Double time. Double Time and a half. Double the rate specified for Monday to Saturday. 84

88 70.8 TABLE 6: ON CALL ALLOWANCES OCCUPATIONAL CATEGORY All occupational categories listed in Table 1A except as provided for below in this table and in table 7, below. Where a staff member is instructed to be available on call outside ordinary or rostered working hours. Where a staff member is recalled or advice required Property and Facilities Division. Whole of rostered day off or public holiday 95% of the minimum hourly rate for a HEW level 5.1 staff member per day. 95% of the minimum hourly rate for a HEW level 5.1 staff member per day. Night of rostered day off, accrued day off or public holiday 60% of the minimum hourly rate for a HEW level 5.1 staff member per night. 60% of the minimum hourly rate for a HEW level 5.1 staff member per night. Any other night 47.5% of the minimum hourly rate for a HEW level 5.1 staff member per night. 47.5% of the minimum hourly rate for a HEW level 5.1 staff member per night. The existing arrangements at the date of commencement of this Agreement in respect of call out arrangements for Properties & Facilities shall apply TABLE 7: ON CALL ALLOWANCES - INFORMATION TECHNOLOGY SERVICES DIVISION AND INFORMATION TECHNOLOGY STAFF EMPLOYED BY THE LIBRARY OCCUPATIONAL CATEGORY Staff employed by the central IT Division Where a staff member is instructed to be available on call outside ordinary or rostered working hours Where a staff member not formally on-call is recalled or advice required 24 hours covered on a rostered day off or public holiday 100% of the minimum hourly rate for a HEW level 7.1 staff member per day 100% of the minimum hourly rate for a HEW level 7.1 staff member per day 12 hour coverage on a rostered day off or public holidays 75% of the minimum hourly rate for a HEW level 7.1 staff member per day 75% of the minimum hourly rate for a HEW level 7.1 staff member per day All night coverage of a normal work day 60% of the minimum hourly rate for a HEW level 7.1 staff member per day 60% of the minimum hourly rate for a HEW level 7.1 staff member per day Coverage until 10pm of a normal work day 47.5% of the minimum hourly rate for a HEW level 7.1 staff member per day 47.5% of the minimum hourly rate for a HEW level 7.1 staff member per day 85

89 a) On-call arrangements occur where a staff member is required outside of their ordinary or rostered working hours to be contactable and on-call to perform work, either at the workplace or elsewhere. b) Ordinarily staff will not be required to be on-call for more than fourteen (14) days in a four (4) week period unless otherwise agreed in writing. The times during which staff are required to be oncall will usually be specified at least one week in advance. Where a week s notice is not provided staff may reject a request to be on call. c) Recall to duty will be in accordance with Clause 70.7(g). However, where only remote dial-in is required, a staff member will be paid for a minimum of 30 minutes for their first on-call response on any day. Staff employed at HEW level 1 to 7 will receive payment at the prescribed overtime rate and staff employed at HEW level 8 and above will receive payment at their ordinary rate of pay Hours of Work - Shift Workers (excluding catering Staff) (a) The hours of work for shift workers are set out in Table 8. (b) Except where expressly provided Hours of Work Shift Work, does not apply to any staff member employed at or above HEW level 8. (c) A shift worker means a staff member who is required to undertake shift work in accordance with a shift roster, including a staff member, working the same shift from week to week without rotation pursuant to a shift roster by approval. (d) This clause applies to security staff who work a rostered shift arrangement. The University, relevant staff, and where they so choose their representatives, may consider other areas introducing shiftwork in which case the provisions of this clause shall apply (e) RDO entitlement: For staff engaged on a seven (7) day continuous roster 13 RDOs per five (5) week roster cycle or such other equivalent off-duty periods acceptable to the University and the staff member. This will include two (2) weekends free of duty every five (5) weeks. (f) Crib breaks: 30 minute paid crib break for continuous shift workers. Crib breaks will be taken between the commencement of the fourth hour and the completion of the sixth hour of a shift at such time as will not interfere with the continuity of work. 86

90 70.11 TABLE 8 HOURS OF WORK SHIFT WORKERS SHIFT TYPE COMMENCEMENT AND CEASING OF SHIFT HOURS OF WORK Day shift. Afternoon shift. Night shift. Shift worked between 7am and 5pm. Shift commencing at or after midday and finishing at or before midnight. Shift extending beyond midnight. 36 ¼ hour week or maximum 181 ¼ hours over five weeks. 7 ¼ hours per day, maximum eight (8) hours five (5) mins per day or up to 12 hours by agreement. 36 ¼ hour week or maximum 181 ¼ hours over five (5) weeks. 7 ¼ hours per day, maximum eight (8) hours five (5) mins per day or up to 12 hours by agreement. 36 ¼ hour week or maximum 181 ¼ hours over five (5) weeks. SPREAD OF HOURS OVER DAYS Up to 35 days over five weeks (253.75hours). Up to 35 days over five (5) weeks (253.75hours). Up to 35 days over five (5) weeks (253.75hours). Up to 35 days over five (5) weeks (253.75hours). Up to 35 days over five (5) weeks (253.75hours) SHIFT ALLOWANCE ALL STAFF (Other than Security Staff) No allowance. No allowance. 15% for each shift worked (except for weekend shift work). 15% for each shift worked (except for weekend shift work). 15% for each shift worked (except for weekend shift work). All time worked between midnight Friday and midnight during an ordinary shift will be paid a weekend shift allowance of SHIFT ALLOWANCE SECURITY STAFF See clause See clause See clause See clause See clause

91 SHIFT TYPE COMMENCEMENT AND CEASING OF SHIFT HOURS OF WORK 7 ¼ hours per day, maximum eight (8) hours five (5) mins per day or up to 12 hours by agreement. SPREAD OF HOURS OVER DAYS Up to 35 days over five (5) weeks (253.75hours). SHIFT ALLOWANCE ALL STAFF (Other than Security Staff) 50%. 15% for each shift worked (except for weekend shift work). All time worked between midnight Friday and midnight during an ordinary shift will be paid a weekend shift allowance of 50%. SHIFT ALLOWANCE SECURITY STAFF See clause Shift Allowances Security (a) Staff who work the five (5)-week, seven (7)-day continuous rotating roster cycle in operation at the commencement of this Agreement will be paid a shift allowance of 10% for each shift worked. Eligible casual staff members who work this roster will receive the 10% loading on the base rate not the casual loaded rate. (b) Staff members who do not work the roster specified in 70.12(a) at the commencement of the Agreement will be entitled to the shift allowances specified in Table 7 above. (c) All time worked between midnight Friday and midnight Sunday during an ordinary shift will be paid at ordinary rates plus a weekend shift penalty of 50%, provided that a staff member employed as a security officer on the five (5)-week, seven (7)-day, continuous, rotating roster in operation upon the making of this Agreement will receive 50% weekend shift penalty for a maximum of 26 weekends (52 shifts) in any 12 month period. Any additional weekend shifts worked within the roster by such security officers, in excess of 52 weekend shifts in any one (1) year, will be paid at ordinary rates Shift rosters (a) All shift rosters will specify the commencing and finishing time of ordinary hours of work of each staff member and may be spread over a maximum cycle of five (5) weeks, or such other cycle as agreed with the staff affected. 88

92 (b) Except in the case of emergency over which the University has no control, shift rosters will be changed after consultation between the University management and the staff affected by the change. Shift rosters shall be designed having regard to: (i) (ii) (iii) the University s need for operational efficiency and effectiveness; workplace health and safety requirements; family responsibilities. (c) Except in the case of an emergency over which the University has no control, consultation shall take place between University management and affected staff when a changed shift roster is proposed. Not less than 14 days shall be allowed for such consultation, having regard to factors in clause 70.13(b). (d) A staff member may voluntarily exchange duties and hours of work with another staff member with the University s approval, in which case the following conditions apply: (i) Overtime payments, shift and meal allowances will not be payable for any period by which those exchanged hours of work are in excess of his or her ordinary working hours, unless such payment would have been made to the staff member originally rostered; and (ii) No staff member will be permitted to work two consecutive shifts. (e) Staff will be entitled to a minimum period of ten (10) hours break between rosters unless otherwise provided Consecutive shifts Except where overtime is worked, a shift worker who rotates from one (1) shift to another: (a) for the purpose of changing shift rosters; or (b) where a shift worker does not report for duty, will, unless released from duty for eight (8) consecutive hours upon the completion of his shift, be paid double the prevailing rates until released from duty for such period, and will then be entitled to be absent until he or she has had eight (8) consecutive hours off duty without loss of pay for ordinary working time occurring during such absence Seasonal Shiftwork Shiftwork may be implemented on a seasonal basis. Shift work arrangements in these circumstances shall operate for the period nominated by the University to meet seasonal demand. 71. ANNUAL REVIEW 71.1 This clause applies to continuing, research-funded and fixed-term Professional and TESOL Language Teacher staff with an appointment greater than one (1) year. A performance appraisal meeting will be conducted annually between the staff member and their supervisor who may be the Head of the Organisational Unit or another staff member designated by the Head for this purpose. 89

93 71.2 The University acknowledges that: (a) There is a need for effective support for Professional staff to achieve increased job satisfaction by enhancing the performance of their duties in their current positions and by preparation to move to positions with increased responsibilities. (b) A structure of possible career paths should be available and the training and development to pursue those paths accessible. (c) Performance appraisal is a key factor in achieving these goals The process for undertaking performance appraisal is through Recognition and Development. The objectives of this process are to: a) Set expectations and plan performance goals that align with organisational and University priorities; b) Provide feedback on performance for Professional and TESOL Language Teaching staff; and give assistance and guidance to any Professional or TESOL Language Teaching staff member whose performance is assessed as requiring improvement or is unsatisfactory; and c) Identify staff development needs and ensure that staff have access to the specific courses/activities determined as necessary at the annual performance appraisal meeting Incremental Progression (a) At the conclusion of each 12 month period following the date of entry into a classification, and/or the subsequent anniversary date, full-time and part-time Professional staff members shall be eligible for movement to the next highest salary point within their classification level, subject to clause 71.4(b) and (b) A staff member who has, during the period, been absent in excess of three (3) months in aggregate, shall have the increment date and any resultant increase delayed by the period of absence Outstanding Performance Where the staff member's performance is assessed as outstanding, the supervisor will clearly indicate this at the annual review. Resulting from this evaluation, an appropriate reward will be recommended. Outstanding performance may be acknowledged and rewarded in accordance with the relevant policy. This may include, but not be limited to, a double increment or for staff already at the top of the salary scale, a further increase up to 90% of the difference between the top of the scale and the bottom of the next scale may be applied Diminished Performance Where a supervisor assesses that a staff member s performance is diminished, the supervisor will act in accordance with the relevant University policy. In particular, the supervisor must assist the staff member to remedy their performance using guidance, performance counselling and provision of appropriate support and staff development. Changes to work allocation may also be considered if appropriate. Where a supervisor has not completed relevant supervisor training in relation to performance management, they must involve the Human Resources Division before initiating the procedures for managing unsatisfactory performance. 90

94 71.7 Withholding an Increment If the supervisor assesses that a staff member's performance has been unsatisfactory, then they will warn the staff member about their performance, in accordance with the procedures for the management of unsatisfactory performance. A recommendation to withhold an increment will be made in accordance with procedures for the management of unsatisfactory performance set out in this Agreement. 72. PROFESSIONAL STAFF WORKLOADS 72.1 The University recognises the importance of ensuring that professional staff have a suitable workload. Managers and supervisors of professional staff have the responsibility to manage actively, effectively and equitably the workloads and working hours of their staff and will take all reasonable positive steps to ensure that staff are not regularly working hours in excess of the ordinary hours of work provided by this Agreement The Management of Professional Staff Workloads Guidelines outline ways in which supervisors and staff can work together to effectively and responsibly manage workloads and working hours. These Guidelines should be read in conjunction with this Agreement but do not form part of this Agreement Consultation about workloads, and the allocation and monitoring of workloads, are a fundamental and necessary part of the Recognition and Development process and should be discussed on an ongoing and regular basis. The organisational area s annual review and future workplan will include, where reasonably practicable, consideration of individual workloads and the impact on workload of decisions relating to the replacement of staff on leave, the filling of vacancies and the planned introduction of new or changed services. The management of these arrangements will have regard to the hours of work provisions of this Agreement, the sustainability of workloads, access to leave and to staff development opportunities and work life balance Should a staff member have concerns about the workload that has been assigned to them by their supervisor or manager, the staff member may raise the matter in the first instance with their supervisor. Should the matter not be resolved through these discussions, the staff member may raise the matter through the Staff Grievance Resolution Procedures. 91

95 CHAPTER IV: TESOL LANGUAGE TEACHERS ENGAGED IN ICTE-UQ The provisions of this Chapter are intended only to apply to TESOL Language Teachers in the Institute of Continuing and TESOL Education (ICTE-UQ). Except as specified in this Schedule, all other conditions of employment for Language Teachers are as prescribed in this Agreement. 73. DEFINITIONS 73.1 Contact Hours for Continuing; Fixed-Term and Casual Language Teachers shall mean hours of work in which a Language Teacher is engaged in face to face teaching of students in scheduled classes. Contact hours shall include a professional or site visit activity but not a cultural or tourist activity A cultural or tourist activity is a scheduled component of a TESOL program which does not require compulsory tasks to be completed by the participants / students. Each hour of involvement in cultural / tourist activities shall be treated as thirty (30) minutes of contact time for the purposes of determining annual contact hours, and paid at non-contact rates for Casual Language Teachers Full-time Language Teacher means a Language Teacher who is engaged for thirty six and a quarter (36.15) hours per week Language Teacher shall mean a qualified staff member engaged to conduct, teach, prepare and assess language classes and to perform any or all of the following teaching related duties as may be required: consulting with students outside class times; participating in the development of teaching materials; conducting computer laboratory and/or language laboratory classes; marking and assessing assignments and examinations; and participating in student activities Non-Contact Hours for Continuing; Fixed-Term and Casual Language Teachers shall mean hours of work in which a Language Teacher is not engaged in face to face teaching of students in scheduled classes but includes student activities, supervision of students, program preparation, lesson preparation and associated materials development, homework / assignment / test marking, placement interviews, written feedback on student progress, student consultation (subject to clause 77) and administration Professional or site visit activity is an off-site visit in which the content of the visit relates directly to the vocation of the course and/or participants, for example a school visit for English teaching students or hospital visit for nurses. 74. MODE OF EMPLOYMENT AND RELATED MATTERS 74.1 Not less than fifty percent (50%) of the effective full-time TESOL Language Teachers shall be employed on a continuing basis. 75. CONVERSION TO FRACTIONAL APPOINTMENT 75.1 Continuing Full-time Language Teachers may request that their appointments be converted to fractional appointments. Decisions will be made on a case by case basis, with regard for the overall staff profile. 92

96 75.2 By mutual agreement a Language Teacher may reduce or increase their hours of work through a job share arrangement. Where a Language Teacher wishes to enter such an arrangement, two (2) months written notice must be given to ICTE-UQ and the remaining portion of the position must be able to be filled by another existing Language Teacher who also wishes to job share, or through the University's recruitment and selection processes. In notifying ICTE-UQ of their wish to enter a job share arrangement, they must clearly indicate whether the job share is for a fixed period or is a continuing arrangement. All terms and conditions shall be on a pro rata basis to Language Teachers according to the contracted hours. 76. SALARY RATES 76.1 Salaries for continuing, fixed-term, and casual Language Teachers over the life of this agreement are prescribed in Schedule The rate of pay for contact hours for Casual Language Teachers includes face to face teaching in scheduled classes and associated lesson preparation, homework / assignment / test marking, written feedback on student progress and student consultation relating to class contact. A professional or site visit activity shall be remunerated at the contact rate The rate of pay for non-contact hours and duties for Casual Language Teachers are outlined in Schedule The minimum payment for Casual Language Teachers engaged only on a student activity on any given day shall be two (2) hours. A student activity will otherwise be remunerated for actual time worked There will be no multiple starts on any one work day unless by agreement with the supervisor and the Language Teacher. 77. HOURS OF WORK AND OVERTIME 77.1 Continuing and Fixed-Term full-time Language Teachers shall not be required to undertake more than seven hundred and sixty (760) contact hours between 1 January 2014 and 31 December Continuing and Fixed-Term full-time Language Teachers shall not be required to undertake more than seven hundred and ninety (790) contact hours between 1 January 2015 and 31 December Continuing and Fixed-Term full-time Language Teachers shall not be required to undertake more than eight hundred (800) contact hours per annum from 1 January Continuing and Fixed-Term Language Teachers shall be credited with contact hours towards annual contact hours and Casual Language Teachers shall be paid at the specified rates for the following duties: (a) Level or Program Convenors When undertaking convenor duties, as approved by the relevant TESOL Director of Studies, TESOL Language Teachers shall receive a paid allowance or credit toward their total annual contact hours. Convenor allowances and credits will be as per Schedule 4. 93

97 (b) New Program Development/Repeat Program Significant Revision The number of days or weeks allocated for any new program, or repeat program, that requires a significant revision, will be determined by the relevant TESOL Director of Studies and must be approved by the Director. Continuing and Fixed-Term Contract TESOL Language Teachers shall be credited with pro-rata contact hours based on the maximum weekly contact hours. Casual TESOL Language Teachers shall be paid at the Contact rate. (c) Presentation at In-house Professional Development Sessions For each scheduled hour, Continuing and Fixed-Term Contract TESOL Language Teachers shall receive one (1) hour of credit toward total annual contact hours. Casual TESOL Language Teachers shall be paid at the contact rate for each scheduled hour. (d) Professional Site Visit For Continuing and Fixed-Term Contract TESOL Language Teachers, each scheduled hour of activity shall be treated as a Contact Hour. Casual TESOL Language Teachers shall be paid at the Contact rate for each scheduled hour of activity. (e) Scheduled hour of test/exam supervision which has associated marking Continuing and Fixed-Term Contract TESOL Language Teachers shall receive one (1) hour of credit toward total annual contact hours. Casual TESOL Language Teachers shall be paid at the contact rate for each scheduled hour. (f) Approved and Scheduled Out-of-Program-Timetable Project Presentations For each scheduled hour of presentation, Continuing and Fixed-Term Contract TESOL Language Teachers responsible for Project Presentations shall receive half an hour (0.5) of credit toward total annual contact hours. Casual TESOL Language Teachers responsible for Project Presentations shall be paid at the Non-Contact rate. (g) Other Activities For each scheduled hour of participation in the following activities, Continuing and Fixed-Term Contract TESOL Language Teachers shall receive half an hour (0.5) of credit toward total annual contact hours and Casual TESOL Language Teachers shall be paid at the Non-Contact rate: Learning Centre Assistance; Supervision of test/exam which does not have associated marking Placement and assessment interviews at times when a Language Teacher is not scheduled for contact hours; Attendance at scheduled end-of-program formal functions and certificate ceremonies In conjunction with clause 77.1, Casual TESOL Language Teachers shall be paid for participating in the following duties and/or teaching activity at the specified rate: (a) Certificate in Teaching English to Speakers of Other Languages (CELTA) interviews Casual TESOL Language Teachers shall be paid at the Contact rate. (b) English for Specific Purposes: Bridging English Program (ESP:BEP) Casual TESOL Language Teachers shall be paid at the rate of one point one (1.1) Contact hours for each hour of scheduled teaching. 94

98 (c) English for Academic Purposes (EAP) Casual TESOL Language Teachers shall be paid at the rate of one point one (1.1) Contact hours for each hour of scheduled teaching (d) Attendance at Professional Development Sessions, Whole-Of-Institute Staff Meetings, scheduled ESP:BEP Standardisation Meetings, TLTCC Meetings and TESOL Staff Meetings: Casual TESOL Language Teachers shall be paid at the Non-Contact rate for each hour of formal ESP:BEP Standardisation Meetings, Whole-of-Staff Meetings, TLTCC Meetings, TESOL Staff Meetings, and Professional Development Sessions Casual Teaching Hours Allocation during non-peak periods Every effort will be made to maintain teaching hours of long term (greater than two (2) consecutive years of employment with no break greater than seven (7) weeks) Casual TESOL Language Teachers based on business demand, skills sets, qualifications and experience Language Teachers shall not be required to perform in excess of 20 contact hours per week No Language Teacher shall be required to undertake contact hours for more than 40 weeks per annum unless by mutual agreement with the relevant Director of Studies. The maximum number of teaching weeks per annum for Continuing and Fixed-Term Language Teachers is Casual Language Teachers may not teach more than twenty five (25) contact hours per week unless agreed by the staff member. Casual Language Teachers shall normally be employed for a minimum of ten (10) contact hours per week with a minimum engagement of one and a half (1.5) hours Language Teachers shall not be required to undertake more than five point five (5.5) contact hours in any one day Language Teachers shall not work for more than five (5) hours continuously without a meal break Subject to Clause the ordinary hours of full-time and fractional Language Teachers shall be worked Monday to Friday between 8.00 am and 6.00 pm Notwithstanding Clause 77.10, on a voluntary basis and with the agreement of the relevant Director of Studies, the spread of ordinary hours may be extended to 9.00 pm on weekdays and 9.00 am to 5.00 pm on Saturday All overtime undertaken at the direction of the relevant Director of Studies shall be paid at the following rates: (a) Weekdays - time and a half (b) Saturdays for less than five hours - time and a half (c) Saturdays for more than five hours - double time (d) Sundays - double time (e) Public holidays - double time Language Teachers shall be paid the standard University meal allowance if directed to undertake duties after 6.00 pm on weekdays or for more than five hours on Saturdays, Sundays or public holidays. 95

99 78. WORKLOADS 78.1 The workload allocation for individual Continuing and Fixed-Term Language Teachers will be discussed with their Supervisor as part of the staff Annual Recognition Development Program. The Supervisor is required to ensure that Continuing and Fixed-Term Language Teachers are consulted and that workloads are allocated and distributed equitably among Language Teachers in the area, taking into account working hours and maximum load. Language Teachers may raise questions about the allocation of their workload with their Supervisor at any time. Where one or more Language Teachers in a work area believe that the overall workload in that area is excessive, they may make a case to the relevant Director of Studies for a review. Language Teachers are entitled to be represented by their union The TESOL Language Teachers Consultative Committee (TLTCC) will monitor and review the application of the workloads provisions over the life of the Agreement. The TLTCC will consult with staff, ADOSs and DOSs every six months to monitor any impact arising from the increase in contact hours on teacher workloads, resource development and staff satisfaction. 79. CLASS SIZE 79.1 The ratio of Language Teachers to students in student visa classes shall average 1 to 18 as specified by the Tertiary Education Quality and Standards Agency (TEQSA) accreditation requirements as varied from time to time The above ratio of Language Teachers to students also applies to in non-teqsa accredited course classes and can be exceeded only by mutual agreement between the relevant Language Teacher and the relevant TESOL Director of Studies. 80. STAFF RECOGNITION AND DEVELOPMENT PROGRAM 80.1 Each Continuing and Fixed-Term Language Teacher will undergo a staff recognition and development program annually. The purpose of the program will be for each Language Teacher and supervisor to: (a) Recognise performance (b) Identify specific development needs; (c) Enable collaborative professional planning and (d) Address any workloads issues. 81. ACTION RESEARCH AND MATERIALS DEVELOPMENT 81.1 Continuing Language Teachers shall be under no obligation to carry out Action Research or Materials Development time unless otherwise indicated in their contracts. Continuing Language Teachers shall be entitled to apply for up to five (5) weeks after each two (2) years of equivalent full-time employment free from teaching and teaching-related duties, in which to undertake a program of Action Research or Materials Development approved by the Director. 82. VOLUNTARY LEVEL / COURSE CONVENORS 82.1 The parties agree that the role of Voluntary Level / Course Convenors based on TESOL operational needs as determined by the Director, will be available to Continuing, Fixed-Term and Casual Language Teachers on a voluntary basis and will be credited or remunerated in accordance with Clause 77.1 and Schedule 4 - Position of Responsibility Allowances. 96

100 83. NON-SPECIFIC DUTIES DAYS 83.1 Continuing and Fixed-Term Language Teachers are entitled to take up to ten (10) Non-Specific Duties (NSD) days per annum on non-teaching days with the agreement of the relevant TESOL Director of Studies. The nature and location of activities undertaken on these days will be mutually agreed between the Language Teacher and the relevant TESOL Director of Studies. 84. CONFERENCE/WORKSHOP ATTENDANCE 84.1 Continuing and Fixed-Term Language Teachers shall be entitled to apply for Non- Specific Duties days (NSDs) and financial support for local, national and international conference/workshop attendance. Papers shall normally be presented for the Language Teacher to be eligible for financial support. Applications will be considered on a case by case basis Casual Language Teachers shall be eligible to apply for partial financial support for local, national and international conference attendance. Papers shall normally be presented for the Language Teacher to be eligible for financial support. Applications will be considered on a case by case basis. 85. STUDY AND EXAMINATION LEAVE FOR TESOL LANGUAGE TEACHERS 85.1 Continuing Language Teachers undertaking part-time courses of study leading to the attainment of formal qualifications which are considered relevant to their employment, will normally be granted study leave subject to the ICTE-UQ convenience under the following conditions: Wherever possible, a Language Teacher is required to attend lectures, tutorials or laboratories outside working hours. However, where this is not possible, study leave of up to a maximum of four (4) hours per week during semester class periods will be granted without the Language Teacher being required to make up this time Language Teachers undertaking a relevant approved course of study which does not require attendance during work hours may apply for study leave up to a maximum of four (4) hours per week during semester class periods. Such study leave shall be calculated on the basis of one half (0.5) hour for each compulsory lecture, tutorial and/or laboratory Study leave for repeat subjects shall only be granted when a Language Teacher has not previously been granted study leave for those subjects Language Teachers taking courses of study for which they receive study leave shall also be granted study leave to attend examinations which occur during work hours and further may be granted study leave for half a day for the purpose of preparing for each of such examinations In special circumstances, Language Teachers on Fixed-Term appointments may be granted study and exam leave as outlined above. 97

101 Signatories to The University of Queensland Enterprise Agreement SIGNED FOR AND ON BEHALF OF ) The University of Queensland ) Signature Title Printed Name In the presence of: Signature Printed Name 98

102 Signatories to The University of Queensland Enterprise Agreement SIGNED FOR AND ON BEHALF OF ) National Tertiary Education ) Industry Union ) Signature Title Printed Name In the presence of: Signature Printed Name 99

103 Signatories to The University of Queensland Enterprise Agreement SIGNED FOR AND ON BEHALF OF ) Together Queensland, ) ) Signature Title Printed Name In the presence of: Signature Printed Name 100

104 Signatories to The University of Queensland Enterprise Agreement SIGNED FOR AND ON BEHALF OF ) ASU ) ) Signature Title Printed Name In the presence of: Signature Printed Name 101

105 Signatories to The University of Queensland Enterprise Agreement SIGNED FOR AND ON BEHALF OF ) United Voice ) ) Signature Title Printed Name In the presence of: Signature Printed Name 102

106 SCHEDULE 1 POLICIES 1.40 Quality Assurance Mechanisms and Reviews Organisational Unit Reviews 1.50 Ethical Conduct in the Workplace Outside Work and Business Interests for University Staff Intellectual Freedom, Academic Freedom 1.70 Equity and Diversity Equity and Diversity Prevention of Sexual Harassment Prevention of Racism Children on Campus Prevention of Discrimination and Harassment Disability 2.10 Workplace Health and Safety Occupational Health and Safety 2.20 Facility and Electrical Safety Asbestos Management Electrical Safety 2.25 Worker s Compensation and Rehabilitation Workers Compensation 2.30 Safe Working Environment Alcohol, Tobacco Smoking and other Drugs Personal Protective Equipment and Minimum Standards of Dress 2.50 Ergonomics and Manual Tasks Manual Tasks Associated with Relocation/Refurbishment of Workplaces 2.60 Safe Working Environment First Aid 2.70 Occupational Health Storage and Handling of Flammable and Combustible Liquids 4.10 Research Management and Administration Intellectual Property for Staff, Students and Visitors 5.20 Title Holders Industry Fellow 5.30 Pre-employment and Orientation Recruitment and Selection Approval of Staff Appointments Staff Induction 103

107 Employment of Relatives and other Close Associates Volunteers Pre-placement Medical Assessments Aboriginal and Torres Strait Islander Employment Policy 5.40 Position Classification and Review Evaluation and Classification of Positions 5.41 Academic Staff Appointments, Duties and Responsibilities Tutorial Fellows and Tutorial Assistants Probation and Confirmation of Continuing Appointment (Academic Staff) Workload Allocation for Academic Staff Academic Categories 5.43 Employment Conditions Trainees and Apprentices Supported Wage Telecommuting Restructuring and Managing Change Career Planning for Retirement Transfer and Travel between University Locations 5.50 Reimbursements, Allowances, Loadings and Superannuation Salary Loadings Provision of Uniforms and Protective Clothing Reimbursement of Establishment Expenses for New Appointees Performance of Higher Level Duties Responsibility Loadings (Academic Staff) Appointment of First Aid Officers Superannuation Withholding of Payments During a Period of Imprisonment or Detention Flexible Remuneration Performance Payments Work and Expense-Related Allowances for Professional Staff 5.55 Working Hours and Management of Workloads for Professional Staff Management of Professional Staff Workloads Staff Attendance Records Professional Staff Flexible Working Arrangements Overtime for Professional Staff Hours of Work/Ordinary Hours (Professional Staff) 5.60 Leave Personal Leave Academic Staff Absences during Semester Leave Without Pay Long Service Leave Special Leave Parental Leave Recreation Leave Compassionate Leave Community Service Leave Conference Attendance 104

108 Defence Forces Leave Leave to Attend Court Christmas/New Year University Leave Leave to Contest Elections and Hold Office Voluntary Variable Weeks/Annualised Salary Program 5.70 Performance Management and Grievance Procedures Performance Appraisal for Professional and TESOL Language Teaching Staff Probation for Professional Staff Diminished Performance and Unsatisfactory Performance Staff Assistance Services Staff Grievance Resolution Misconduct/Serious Misconduct Medical Conditions Affecting Performance Performance Appraisal for Academic Staff Criteria for Academic Performance 5.80 Career Development, Increments and Staff Recognition Staff Development Special Studies Program Recognition of 25 Years Service - Professional Staff Study Assistance Scheme for Professional Staff Exchange of Staff with Another University Secondments Promotion of Academic Staff Levels A - D 5.90 Cessation of Appointment Resignation Termination of Employment 9.45 Payments Travel 9.70 Insurance Insurance 105

109 SCHEDULE 2 ACADEMIC STAFF SALARIES Rate Per Annum 1-Jan-14 1-Jul-14 1-Jan-15 1-Jan-16 1-Jan-17 Classification Level Scale Professor E 0101 $ 159, $ 160, $ 165, $ 169, $ 175, Reader/ D 0404 $ 136, $ 137, $ 141, $ 145, $ 149, Associate Professor 0304 $ 132, $ 132, $ 136, $ 140, $ 145, $ 127, $ 128, $ 132, $ 136, $ 140, $ 123, $ 124, $ 128, $ 131, $ 135, Senior Lecturer C 0606 $ 118, $ 119, $ 122, $ 126, $ 130, $ 115, $ 115, $ 119, $ 123, $ 126, $ 112, $ 112, $ 116, $ 119, $ 123, $ 109, $ 109, $ 112, $ 116, $ 119, $ 105, $ 106, $ 109, $ 112, $ 116, $ 102, $ 103, $ 106, $ 109, $ 112, Lecturer B 0606 $ 99, $ 100, $ 103, $ 106, $ 109, $ 96, $ 96, $ 99, $ 102, $ 105, $ 93, $ 93, $ 96, $ 99, $ 102, $ 90, $ 90, $ 93, $ 96, $ 99, $ 87, $ 87, $ 90, $ 92, $ 95, $ 83, $ 84, $ 86, $ 89, $ 92, Associate Lecturer A 0808 $ 79, $ 80, $ 82, $ 84, $ 87, $ 76, $ 77, $ 79, $ 82, $ 84, * $ 74, $ 74, $ 76, $ 79, $ 81, $ 71, $ 71, $ 74, $ 76, $ 78, $ 68, $ 69, $ 71, $ 73, $ 75, $ 65, $ 65, $ 67, $ 69, $ 71, $ 62, $ 62, $ 64, $ 66, $ 68, $ 58, $ 59, $ 60, $ 62, $ 64,

110 Rate Per Annum 1-Jan-14 1-Jul-14 1-Jan-15 1-Jan-16 1-Jan-17 Classification Scale Tutorial Fellow (half-time) 0808 $ 39, $ 40, $ 41, $ 42, $ 43, $ 38, $ 38, $ 39, $ 41, $ 42, * $ 37, $ 37, $ 38, $ 39, $ 40, $ 35, $ 35, $ 37, $ 38, $ 39, $ 34, $ 34, $ 35, $ 36, $ 37, $ 32, $ 32, $ 33, $ 34, $ 35, $ 31, $ 31, $ 32, $ 33, $ 34, $ 29, $ 29, $ 30, $ 31, $ 32, * Any Level A Academic required to carry out full course coordination duties as part of his or her normal duties or who upon appointment holds or during appointment gains a relevant doctoral qualification will be paid a salary no lower than this salary point. Rate Per Annum 1-Jan-14 1-Jul-14 1-Jan-15 1-Jan-16 1-Jan-17 Classification Scale Tutorial Assistant 0808 $ 19, $ 20, $ 20, $ 21, $ 21, (Honours or equivalent 0708 $ 19, $ 19, $ 19, $ 20, $ 21, Quarter-time) 0608* $ 18, $ 18, $ 19, $ 19, $ 20, $ 17, $ 17, $ 18, $ 19, $ 19, $ 17, $ 17, $ 17, $ 18, $ 18, $ 16, $ 16, $ 16, $ 17, $ 17, $ 15, $ 15, $ 16, $ 16, $ 17, $ 14, $ 14, $ 15, $ 15, $ 16, Tutorial Assistant 0101 $ 12, $ 12, $ 13, $ 13, $ 14, (Less than Honours) 107

111 ACADEMIC STAFF SALARIES LOADINGS Rate Per Annum 1-Jan-14 1-Jul-14 1-Jan-15 1-Jan-16 1-Jan-17 Loading Description Professorial Merit Loading $ 21, $ 21, $ 22, $ 23, $ 23, Clinical Loading $ 27, $ 27, $ 28, $ 29, $ 30, Para-clinical Loading $ 18, $ 18, $ 19, $ 19, $ 20, Pre-Clinical Loading $ 13, $ 13, $ 14, $ 14, $ 15, Dental Loading $ 13, $ 13, $ 14, $ 14, $ 15,

112 SCHEDULE 3 DUTIES AND PAY CALCULATION OF CASUAL ACADEMIC STAFF Formulae for casual staff pay rates The rates of payment for casual staff are derived from three (3) base rates calculated using the following formulae: (a) Lecturing and higher marking rate The base rate applicable to lecturing or for purposes of the higher marking rate is determined by reference to the second step of the full-time Level B salary scale (rate) and calculated as (Level B02 rate/52) x (b) Rate applicable to performance of other duties involving full-time subject coordination or possession of a relevant doctoral qualification The base rate applicable where the duties include full course coordination or the academic possesses a relevant doctoral qualification is determined by reference to the sixth step of the full-time Level A salary scale (rate) and calculated as: (Level A06 rate/52) x (c) Rate applicable to all other duties The base rate applicable to all other duties including tutoring rates not covered by the rate in (b) above is determined by reference to the second step of the full-time Level A salary scale (rate) and calculated as (Level A02 rate/52) x Definition of the categories and duties of Casual Academic Staff Casual Academic staff are paid according to the category of their duties. The rates for each category are in Schedule 2 of this Agreement. The relevant definitions are set out below. (a) Casual Lecturing Lecture means any educational delivery described as a lecture in a course or unit outline, or in an official timetable issued by the employer. A casual Academic staff member may be required to provide a lecture (or equivalent delivery through other than face-to-face teaching mode) of a specified duration and relatedly provide non-contact duties in the nature of preparation, directly-associated and contemporaneous marking, and student consultation. These non-contact duties will be directly associated with, and arising from, the delivery of a specific lecture. Directly-associated and contemporaneous marking in this context does not include 109

113 bulk or course-wide marking of general assignments or examination papers, but could include marking of items such as laboratory tests, papers or assignments, etc. which have arisen from the lecture, are directly associated with it and marked in a timely fashion if a single lecture, or before the next scheduled lecture if part of a series of lectures. Such marking will not exceed the associated working time for the relevant lecture, allowing also (where relevant) reasonable time for student consultation and preparation. If marking is done within the lecture time (and/or associated working time), the marking rate is not payable in addition to the lecturing rate. The staff member shall be paid at the appropriate rate for each hour of lecture delivered according to one of the following categories: Basic Lecture: Basic: Staff member has the relevant expertise and the topic of the lecture is known to them, with the preparation of the lecture and its associated materials therefore straightforward. This lecture will normally be part of an established sequence of lectures. One (1) hour of delivery and two (2) hours of associated working time. Developed Lecture: Developed: Staff member has expertise but the lecture requires preparation and development, and preparation of associated information and materials. One (1) hour of delivery and three (3) hours of associated working time. Specialised Lecture: A lecture provided by a visiting distinguished scholar or expert, or a specialised lecture by a nationally recognised expert in a particular field. One (1) hour of delivery and four (4) hours of associated working time. Repeat Lecture: One (1) hour of delivery and one (1) hour of associated working time, provided that the hourly rate in a repeat lecture applies to a lecture in the same subject matter within a period of seven (7) days and any student consultation and directly-associated and contemporaneous marking, as defined above. (b) Casual Tutoring Tutorial means any educational delivery described as a tutorial in a course or unit outline, or in an official timetable issued by the employer. A casual Academic staff member maybe required to deliver or present a tutorial (or equivalent delivery through other than face-to-face teaching mode) of a specified duration and relatedly provide noncontact duties in the nature of preparation, directly-associated and contemporaneous marking, and student consultation. These non-contact duties will be directly associated with, and arising from, the delivery of a specific tutorial. Directly-associated and contemporaneous marking in this context does not include bulk or course-wide marking of general assignments or examination papers, but could include marking of items such as laboratory tests, tutorial presentations or assignments, etc. which have 110

114 arisen from the tutorial session, are directly associated with it and marked within a week of the session or (if tutorials are not held weekly) before the next regular timetabled tutorial session in the course schedule. Such marking will not exceed the associated working time for the relevant tutorial, allowing also (where relevant) reasonable time for student consultation and preparation. If marking is done within the tutorial time (and/or associated working time), the marking rate is not payable in addition to the tutoring rate. The staff member shall be paid at the appropriate rate for each hour of tutorial delivered according to one of the following categories: Normal Tutorial: One (1) hour of delivery and two (2) hours of associated working time. Repeat Tutorial: One (1) hour of delivery and one (1) hour of associated working time, provided that the hourly rate in a repeat tutorial applies to a tutorial in the same subject matter within a period of seven (7) days and any student consultation and directly-associated and contemporaneous marking, as defined above. Normal Tutorial - PhD/Coordination: One (1) hour of delivery and two (2) hours of associated working time in circumstances where full subject coordination duties are included as part of normal duties or the staff member holds a relevant doctoral qualification. Repeat Tutorial - PhD/Coordination: One (1) hour of delivery and one (1) hour of associated working time, in circumstances where full subject coordination duties are included as part of normal duties or the staff member holds a relevant doctoral qualification, provided that the hourly rate in a repeat tutorial applies to a tutorial in the same subject matter within a period of seven (7) days and any student consultation and directly- associated and contemporaneous marking, as defined above. (c) Music Accompanying Music accompanying means the provision of music accompaniment to one or more students or staff in the course of teaching by another member of Academic staff in circumstances where the accompanist deploys educational expertise in repertoire development or expression for student concert or examination purposes, but does not include concert accompanying, vocal coaching or musical directing. A casual Academic staff member required to provide music accompanying with directly-associated noncontact duties in the nature of preparation shall be paid at the appropriate rate for each hour of music accompanying delivered according to one of the following categories: Music Accompanying - Normal: One (1) hour of delivery and one (1) hour of associated working time. Music Accompanying - PhD Coordination: One (1) hour of delivery and one (1) hour of associated working time, in circumstances where full subject coordination duties are required as part of normal duties or the staff member holds a relevant doctoral qualification. (d) Undergraduate Clinical Nurse Education Undergraduate clinical nurse education means the conduct of undergraduate nurse education in a clinical setting. 111

115 A casual Academic staff member may be required to provide undergraduate clinical nurse education with non-contact duties in the nature of preparation, student consultation and directly-associated and contemporaneous marking (as defined above), shall be paid at the appropriate rate for each hour of clinical nurse education delivered according to one of the following categories: Normal Preparation Required: One (1) hour of delivery and one (1) hour of associated working time. Little Preparation Required: One (1) hour of delivery and half (0.5) hour of associated working time. Normal Preparation Required - PhD/Coordination: One (1) hour of delivery and one (1) hour of associated working time, in circumstances where full subject coordination duties are required as part of normal duties or the staff member holds a relevant doctoral qualification. Little Preparation Required - PhD/Coordination: One (1) hour of delivery and half (0.5) hour of associated working time, in circumstances where full subject coordination duties are required as part of normal duties or the staff member holds a relevant doctoral qualification. (e) Casual Marking A casual academic required to undertake marking will be paid at the appropriate rate for each hour of marking according to one of the following categories: Higher Level Marking: Marking as a supervising examiner or marking requiring a significant exercise of academic judgement appropriate to an academic at Level B. Standard Marking Standard Marking - PhD/Coordination: Standard marking, in circumstances where full subject coordination duties are required as part of normal duties or the staff member holds a relevant doctoral qualification. (f) Other Required Academic Activities Other Required Academic Activities includes work that a person, acting as or on behalf of the University requires the casual academic to perform and that is performed in accordance with any such requirement, being the work of the following nature of, but not limited to: the conduct of practical classes, demonstrations, workshops, student field excursions; the conduct of clinical sessions other than clinical nurse education; the conduct of performance or visual art studio sessions; musical coaching, repetiteurship, musical accompanying other than with special educational service; development of teaching and subject materials such as the preparation of subject guides, reading lists and basic activities associated with course coordination, or planning and coordination of a sequence of lectures or tutorial sessions; consultation with students; supervision; attendance at departmental and/or faculty meetings as required; attendance at induction sessions; 112

116 undertaking of training as required; moderating a discussion forum, being available for student consultation online or in person, being available for consultation/assistance on a specific activity such as a simulation and where no preparation or follow-up is required outside of paid time; and attendance at, or involvement in, other academic activities as directed by their supervisor. This above list is not intended to be exhaustive, but is provided by way of examples and guidance. A casual Academic staff member required to undertake other academic activities will be paid the appropriate rate for each hour of such activities according to one of the categories below: (a) Base (b) Base plus autonomous academic judgement or major responsibility for a course or tutorial sequence (c) Base plus Subject coordination/phd 113

117 SCHEDULE 4 PROFESSIONAL STAFF SALARIES Salaries for Professional Staff (Excluding Security Superintendents, Customs House and other Catering Staff) Rate Per Annum 1-Jan-14 1-Jul-14 1-Jan-15 1-Jan-16 1-Jan-17 Salary Level Professional Level 01 inc 01 $ 42, $ 42, $ 43, $ 45, $ 46, Professional Level 01 inc 02 $ 43, $ 43, $ 44, $ 46, $ 47, Professional Level 01 inc 03 $ 44, $ 44, $ 45, $ 47, $ 48, Professional Level 02 inc 01 $ 45, $ 45, $ 47, $ 48, $ 49, Professional Level 02 inc 02 $ 46, $ 46, $ 48, $ 49, $ 51, Professional Level 03 inc 01 $ 47, $ 47, $ 49, $ 50, $ 52, Professional Level 03 inc 02 $ 49, $ 49, $ 51, $ 52, $ 54, Professional Level 03 inc 03 $ 51, $ 51, $ 52, $ 54, $ 56, Professional Level 03 inc 04 $ 52, $ 53, $ 54, $ 56, $ 58, Professional Level 04 inc 01 $ 54, $ 54, $ 56, $ 57, $ 59, Professional Level 04 inc 02 $ 55, $ 55, $ 57, $ 58, $ 60, Professional Level 04 inc 03 $ 56, $ 56, $ 58, $ 60, $ 62, Professional Level 04 inc 04 $ 57, $ 57, $ 59, $ 61, $ 63, Professional Level 05 inc 01 $ 58, $ 59, $ 60, $ 62, $ 64, Professional Level 05 inc 02 $ 61, $ 61, $ 63, $ 65, $ 67, Professional Level 05 inc 03 $ 63, $ 63, $ 65, $ 67, $ 69, Professional Level 05 inc 04 $ 65, $ 66, $ 68, $ 70, $ 72, Professional Level 06 inc 01 $ 67, $ 67, $ 69, $ 72, $ 74, Professional Level 06 inc 02 $ 69, $ 69, $ 71, $ 73, $ 76, Professional Level 06 inc 03 $ 71, $ 71, $ 73, $ 75, $ 78, Professional Level 06 inc 04 $ 72, $ 73, $ 75, $ 77, $ 79,

118 Rate Per Annum 1-Jan-14 1-Jul-14 1-Jan-15 1-Jan-16 1-Jan-17 Salary Level Professional Level 07 inc 01 $ 74, $ 74, $ 77, $ 79, $ 81, Professional Level 07 inc 02 $ 76, $ 77, $ 79, $ 81, $ 84, Professional Level 07 inc 03 $ 79, $ 79, $ 82, $ 84, $ 87, Professional Level 07 inc 04 $ 81, $ 81, $ 84, $ 86, $ 89, Professional Level 08 inc 01 $ 84, $ 84, $ 87, $ 90, $ 92, Professional Level 08 inc 02 $ 87, $ 88, $ 91, $ 93, $ 96, Professional Level 08 inc 03 $ 91, $ 91, $ 94, $ 97, $ 100, Professional Level 08 inc 04 $ 94, $ 95, $ 98, $ 101, $ 104, Professional Level 09 inc 01 $ 99, $ 99, $ 102, $ 105, $ 108, Professional Level 09 inc 02 $ 100, $ 101, $ 104, $ 107, $ 110, Professional Level 09 inc 03 $ 102, $ 103, $ 106, $ 109, $ 112, Professional Level 09 inc 04 $ 104, $ 105, $ 108, $ 111, $ 115,

119 SCHEDULE 5 TESOL LANGUAGE TEACHER STAFF SALARIES Salaries for Continuing and Fixed-Term Language Teachers Rate Per Annum 1-Jan-14 1-Jul-14 1-Jan-15 1-Jan-16 1-Jan-17 Salary Level 1 $ 51, $ 52, $ 53, $ 55, $ 56, $ 52, $ 53, $ 54, $ 56, $ 57, $ 54, $ 54, $ 56, $ 58, $ 59, $ 56, $ 56, $ 58, $ 60, $ 61, $ 59, $ 59, $ 61, $ 63, $ 65, $ 61, $ 61, $ 63, $ 65, $ 67, $ 63, $ 63, $ 65, $ 67, $ 69, $ 65, $ 65, $ 67, $ 69, $ 71, $ 67, $ 67, $ 69, $ 71, $ 73, $ 69, $ 70, $ 72, $ 74, $ 76, $ 72, $ 72, $ 74, $ 76, $ 79, $ 74, $ 74, $ 76, $ 79, $ 81, Pay Rates for Casual Language Teachers Rate Per Hour 1-Jan-14 1-Jul-14 1-Jan-15 1-Jan-16 1-Jan-17 Teaching Rate Rate 1 $ $ $ $ $ Rate 2 $ $ $ $ $ Rate 3 $ $ $ $ $ Rate 4 $ $ $ $ $ Rate Per Hour 1-Jan-14 1-Jul-14 1-Jan-15 1-Jan-16 1-Jan-17 Non-Teaching Rate Rate 1 $ $ $ $ $ Rate 2 $ $ $ $ $ Rate 3 $ $ $ $ $ Rate 4 $ $ $ $ $ Rate 2 is set at 102.0% of Rate 1. Rate 3 is set at 107.2% of Rate 1. Rate 4 is set at 102.0% of Rate 3. Non-teaching rate is set at 52.63% of the relevant teaching rate. 116

120 Position of Responsibility Allowance Annual Level / Course Convenor Allowances for Continuing and Fixed-Term Language Teachers Position of 1-Jan-14 1-Jul-14 1-Jan-15 1-Jan-16 1-Jan-17 Responsibility Allowance Level 1 $ 2, $ 2, $ 2, $ 2, $ 3, Level 2 $ 5, $ 5, $ 5, $ 5, $ 6, Level 3 $ 8, $ 8, $ 8, $ 8, $ 9, Weekly rates are calculated by dividing annual rates by 45. Level 1: Level Convenor for minimum of two (2) classes or out of country single site with a minimum of two (2) staff (including the convenor). Level 2: Out of country, multiple sites or single site with a minimum of four (4) staff (inclusive of the convenor), or Level Convenor for a minimum of five (5) classes. Level 3: Responsibilities across TESOL e.g. CALL, AV. Level or Program Convenors Level 1: Paid allowance or one (1) contact hour per week for Continuing and Fixed-Term Contract TESOL Language Teachers and paid at the Contact rate for Casual TESOL Language Teachers Level 2: Paid allowance or one and three-quarter (1.75) contact hours per week for Continuing and Fixed-Term Contract TESOL Language Teachers and paid at the Contact rate for Casual TESOL Language Teachers. Level 3: Paid allowance or two and a half (2.5) contact hours per week for Continuing and Fixed-Term Contract TESOL Language Teachers and paid at the Contact rate for Casual TESOL Language Teachers. 117

121 SCHEDULE 6 CLASSIFICATION STRUCTURE AND JOB DESCRIPTORS FOR PROFESSIONAL STAFF 1. DEFINITIONS 1.1 Supervision Close supervision Clear and detailed instructions are provided. Tasks are covered by standard procedures. Deviation from procedures or unfamiliar situations are referred to higher levels. Work is regularly checked Routine supervision Direction is provided on the tasks to be undertaken with some latitude to rearrange sequences and discriminate between established methods. Guidance on the approach to standard circumstances is provided in procedures, guidance on the approach to non-standard circumstances is provided by a supervisor. Checking is selective rather than constant General direction Direction is provided on the assignments to be undertaken, with the occupant determining the appropriate use of established methods, tasks and sequences. There is some scope to determine an approach in the absence of established procedures or detailed instructions, but guidance is readily available. Performance is checked by assignment completion Broad direction Direction is provided in terms of objectives which may require the planning of staff, time and material resources for their completion. Limited detailed guidance will be available and the development or modification of procedures by the staff member may be required. Performance will be measured against objectives. 1.2 Qualifications - within the Australian qualifications framework Year 12 Completion of a Senior Secondary Certificate of Education, usually in Year 12 of secondary school Trade certificate Completion of an apprenticeship, normally of four years duration, or equivalent recognition, e.g. Certificate III Post-trade certificate A course of study over and above a trade certificate and less than a Certificate IV. 118

122 1.2.4 Certificates I and II Courses that recognise basic vocational skills and knowledge, without a Year 12 prerequisite Certificate III A course that provides a range of well-developed skills and is comparable to a trade certificate Certificate IV A course that provides greater breadth and depth of skill and knowledge and is comparable to a two (2) year part-time post-year 12 or post-trade certificate course Diploma A course at a higher education or vocational educational and training institution, typically equivalent to two (2) years full-time post-year 12 study Advanced diploma A course at a higher education or vocational educational and training institution, typically equivalent to three (3) years full-time post-year 12 study Degree A recognised degree from a higher education institution, often completed in three (3) or four (4) years, and sometimes combined with a one year diploma Postgraduate degree Note A recognised postgraduate degree, over and above a degree as defined above. Previously recognised qualifications obtained prior to the implementation of the Australian Qualifications Framework continue to be recognised. The above definitions also include equivalent recognised overseas qualifications. 1.3 Classification dimensions Training level The type and duration of training which the duties of the classification level typically require for effective performance. Training is the process of acquiring skills and knowledge through formal education, on the job instruction or exposure to procedures Occupational equivalent Examples of occupations typically falling within each classification level. 119

123 1.3.3 Level of supervision This dimension covers both the way in which staff are supervised or managed and the role of staff in supervising or managing others Task level The type, complexity and responsibility of tasks typically performed by staff within each classification level Organisational knowledge The level of knowledge and awareness of the organisation, its structure and functions that would be expected of staff at each proposed classification level, and the purposes to which that organisational knowledge may be put Judgement, independence and problem solving (a) Judgement is the ability to make sound decisions, recognising the consequences of decisions taken or actions performed. Independence is the extent to which a staff member is able (or allowed) to work effectively without supervision or direction. Problem solving is the process of defining or selecting the appropriate course of action where alternative courses of actions are available. (b) This dimension looks at how much of each of these three (3) qualities applies at each classification level Typical activities Examples of activities typically undertaken by staff in different occupations at each of the classification levels. 2. HIGHER EDUCATION WORKER LEVEL Training level or qualifications Staff at the base of this level would not be required to have formal qualifications or work experience upon engagement Staff engaged at the base of this level will be provided with structured on the job training in addition to up to 38 hours of induction to the higher education industry which shall provide information on the higher education institution, conditions of employment, training to be made available and consequent career path opportunities, physical layout of the institution/work areas, introduction to fellow workers and supervisors, work and documentation procedures, occupational health and safety, equal opportunity practices and extended basic literacy and numeracy skills training where required/necessary to enable career path progression. 2.2 Occupational equivalent Cleaner, labourer, trainee for level 2 duties. 120

124 2.3 Level of supervision Close supervision or, in the case of more experienced staff working alone, routine supervision. 2.4 Task level Straightforward manual duties, or elements of level 2 duties under close supervision and structured on the job training. Some knowledge of materials, e.g. cleaning chemicals and hand tools, may be required. Established procedures exist. 2.5 Organisational knowledge May provide straightforward information to others on building or service locations. 2.6 Judgement, independence and problem solving Resolve problems where alternatives for the jobholder are limited and the required action is clear or can be readily referred to higher levels. 2.7 Typical activities Perform a range of industrial cleaning tasks, move furniture, assist trades personnel with manual duties. 3. HIGHER EDUCATION WORKER LEVEL Training level or qualifications Level 2 duties typically require a skill level which assumes and requires knowledge, training or experience relevant to the duties to be performed or: completion of year 12 without work experience; or completion of Certificates I or II with work related experience; or an equivalent combination of experience and training. 3.2 Occupational equivalent Administrative assistant, security patrol officer. 3.3 Level of supervision Routine supervision of straightforward tasks; close supervision of more complex tasks (see task level below). 3.4 Task level Perform a range of straightforward tasks where procedures are clearly established. May on occasion perform more complex tasks. 121

125 3.5 Organisational knowledge Following training, may provide general information/advice and assistance to members of the public, students and other staff which is based on a broad knowledge of the staff member s work area/responsibility, including knowledge of the functions carried out and the location and availability of particular personnel and services. 3.6 Judgement, independence and problem solving Solve relatively simple problems with reference to established techniques and practices. Will sometimes choose between a range of straightforward alternatives An staff member at this level will be expected to perform a combination of various routine tasks where the daily work routine will allow the latitude to rearrange some work sequences, provided the prearranged work priorities are achieved. 3.7 Typical activities Administrative positions at this level may include duties involving the inward and outward movement of mail, keeping, copying, maintaining and retrieving records, straightforward data entry and retrieval Security officers may be involved in a range of patrol duties, including responding to alarms, following emergency procedures and preparing incident reports. 4. HIGHER EDUCATION WORKER LEVEL Training level or qualifications Level 3 duties typically require a skill level which assumes and requires knowledge or training in clerical/administrative, trades or technical functions equivalent to: (a) completion of a trades certificate or Certificate III; or (b) completion of Year 12 or a Certificate II, with relevant work experience; or (c) an equivalent combination of relevant experience and/or education/training Persons advancing through this level may typically perform duties which require further on the job training or knowledge and training equivalent to progress toward completion of a Certificate IV or Diploma. 4.2 Occupational equivalent Tradesperson, technical assistant/technical trainee, administrative assistant. 4.3 Level of supervision In technical positions, routine supervision, moving to general direction with experience. In other positions, general direction. This is the first level where supervision of other staff may be required. 122

126 4.4 Task level Some complexity. Apply body of knowledge equivalent to trade certificate or Certificate III, including diagnostic skills and assessment of the best approach to a given task. 4.5 Organisational knowledge Perform tasks/assignments which require knowledge of the work area processes and an understanding of how they interact with other related areas and processes. 4.6 Judgement, independence and problem solving Exercise judgement on work methods and task sequence within specified timelines and standard practices and procedures. 4.7 Typical activities In trades positions, apply the skills taught in a trades certificate or Certificate III, including performance of a range of construction, maintenance and repair tasks, using precision hand and power tools and equipment. In some cases this will involve familiarity with the work of other trades or require further training In technical assistant positions: (a) assist a technical officer in operating a laboratory, including ordering supplies (b) assist in setting up routine experiments (c) monitor experiments for report to a technical officer (d) assist with the preparation of specimens (e) assist with the feeding and care of animals Staff would be expected to perform a greater range and complexity of tasks as they progressed through the level and obtained further training In administrative positions, perform a range of administrative support tasks including: (a) standard use of a range of desk-top based programs, e.g. word processing, established spreadsheet or database applications, and management information systems (e.g. financial, student or human resource systems). This may include store and retrieve documents, key and lay out correspondence and reports, merge, move and copy, use of columns, tables and basic graphics; (b) provide general administrative support to other staff including setting up meetings, answering straightforward inquiries and directing others to the appropriate personnel; (c) process accounts for payment. 123

127 5. HIGHER EDUCATION WORKER LEVEL Training level or qualifications Level 4 duties typically require a skill level which assumes and requires knowledge or training equivalent to: (a) completion of a diploma level qualification with relevant work related experience; or (b) completion of a Certificate IV with relevant work experience; or (c) completion of a post-trades certificate and extensive relevant experience and on the job training; or (d) completion of a Certificate III with extensive relevant work experience; or (e) an equivalent combination of relevant experience and/or education/training. 5.2 Occupational equivalent Technical officer or technician, administrative above level 3, advanced tradespersons. 5.3 Level of supervision In technical positions, routine supervision to general direction depending upon experience and the complexity of the tasks. In other positions, general direction May supervise or coordinate others to achieve objectives, including liaison with staff at higher levels. May undertake stand-alone work. 5.4 Task level May undertake limited creative, planning or design functions; apply skills to a varied range of different tasks. 5.5 Organisational knowledge Perform tasks/assignments which require proficiency in the work area s rules, regulations, processes and techniques, and how they interact with other related functions. 5.6 Judgement, independence and problem solving In trades positions, extensive diagnostic skills In technical positions, apply theoretical knowledge and techniques to a range of procedures and tasks In administrative positions, provide factual advice which requires proficiency in the work area s rules and regulations, procedures requiring expertise in a specialist area or broad knowledge of a range of personnel and functions. 124

128 5.7 Typical activities In trades positions: (a) work on complex engineering or interconnected electrical circuits; (b) exercise high precision trades skills using various materials and/or specialised techniques In technical positions: (a) develop new equipment to criteria developed and specified by others; (b) under routine direction, assist in the conduct of major experiments and research programs and/or in setting up complex or unusual equipment for a range of experiments and demonstrations; (c) demonstrate the use of equipment and prepare reports of a technical nature as directed In library technician positions: (a) undertake copy cataloguing; (b) use a range of bibliographic databases; (c) undertake acquisitions; (d) respond to reference inquiries In administrative positions: (a) may use a full range of desktop based programs, including word processing packages, mathematical formulae and symbols, manipulation of text and layout in desktop publishing and/or web software, and management information systems; (b) plan and set up spreadsheets or data base applications; (c) be responsible for providing a full range of secretarial services, e.g. in a faculty; (d) provide advice to students on enrolment procedures and requirements; (e) administer enrolment and course progression records. 6. HIGHER EDUCATION WORKER LEVEL Training level or qualifications Level 5 duties typically require a skill level which assumes and requires knowledge or training equivalent to: (a) completion of a degree without subsequent relevant work experience; or 125

129 (b) completion of an advanced diploma qualification and at least one (1) years subsequent relevant work experience; or (c) completion of a diploma qualification and at least two (2) years subsequent relevant work experience; or (d) completion of a Certificate IV and extensive relevant work experience; or (e) completion of a post-trades certificate and extensive (typically more than two (2) years) relevant experience as a technician; or (f) an equivalent combination of relevant experience and/or education/training. 6.2 Occupational equivalent Graduate (i.e., degree) or professional, without subsequent work experience on entry (including inexperienced computer systems officer); administrator with responsibility for advice and determinations; experienced technical officer. 6.3 Level of supervision In professional positions, routine supervision to general direction, depending on tasks involved and experience. In other positions, general direction and may supervise other staff. 6.4 Task level Apply body of broad technical knowledge and experience at a more advanced level than level 4, including the development of areas of specialist expertise. In professional positions, apply theoretical knowledge, at degree level, in a straightforward way. In administrative positions, provide interpretation, advice and decisions on rules and entitlements. 6.5 Organisational knowledge Perform tasks/assignments which require proficiency in the work area s rules, regulations, policies, procedures, systems, processes and techniques, and how they interact with other related functions, in order to assist in their adaptation to achieve objectives, and advise, assist and influence others. 6.6 Judgement, independence and problem solving In professional positions, solve problems through the standard application of theoretical principles and techniques at degree level. In technical positions, apply standard technical training and experience to solve problems. In administrative positions, may apply expertise in a particular set of rules or regulations to make decisions, or be responsible for coordinating a team to provide an administrative service. 6.7 Typical activities In technical positions: (a) develop new equipment to general specifications; 126

130 (b) under general direction, assist in the conduct of major experiments and research programs and/or in setting up complex or unusual equipment for a range of experiments and demonstrations; (c) under broad direction, set up, monitor and demonstrate standard experiments and equipment use; (d) prepare reports of a technical nature In library technician positions, perform at a higher level than level 4, including: (a) assist with reader education programs and more complex bibliographic and acquisition services; (b) operate a discrete unit within a library which may involve significant supervision or be the senior staff member in an out-posted service In administrative positions: (a) responsible for the explanation and administration of an administrative function, e.g. HECS advice, records, determinations and payments, a centralised enrolment function, the organisation and administration of exams at a small campus In professional positions and under professional supervision: (a) work as part of a research team in a support role; (b) provide a range of library services including bibliographic assistance, original cataloguing and reader education in library and reference services; (c) provide counselling services. 7. HIGHER EDUCATION WORKER LEVEL Training level or qualifications Level 6 duties typically require a skill level which assumes and requires knowledge or training equivalent to: (a) a degree with subsequent relevant experience; or (b) extensive experience and specialist expertise or broad knowledge in technical or administrative fields; or (c) an equivalent combination of relevant experience and/or education/training. 7.2 Occupational equivalent Graduate or professional with subsequent relevant work experience (including a computer systems officer with some experience); line manager; experienced technical specialist and/or technical supervisor. 127

131 7.3 Level of supervision In professional positions, general direction; in other positions, broad direction. May have extensive supervisory and line management responsibility for technical, administrative and other non-professional staff. 7.4 Task level Perform work assignments guided by policy, precedent, professional standards and managerial or technical expertise. Staff would have the latitude to develop or redefine procedure and interpret policy so long as other work areas are not affected. In technical and administrative areas, have a depth or breadth of expertise developed through extensive relevant experience and application. 7.5 Organisational knowledge Perform tasks/assignments which require proficiency in the work area s existing rules, regulations, policies, procedures, systems, processes and techniques and how they interact with other related functions, and to adapt those procedures and techniques as required to achieve objectives without impacting on other areas. 7.6 Judgement, independence and problem solving Discretion to innovate within own function and take responsibility for outcomes; design, develop and test complex equipment, systems and procedures; undertake planning involving resources use and develop proposals for resource allocation; exercise high level diagnostic skills on sophisticated equipment or systems; analyse and report on data and experiments. 7.7 Typical activities In technical positions: (a) manage a teaching or research laboratory or a field station; (b) provide highly specialised technical services; (c) set up complex experiments; (d) design and construct complex or unusual equipment to general specifications; (e) assist honours and postgraduate students with their laboratory requirements; (f) install, repair, provide and demonstrate computer services in laboratories In administrative positions: (a) provide financial, policy and planning advice; (b) service a range of administrative and academic committees, including preparation of agendas, papers, minutes and correspondence; (c) monitor expenditure against budget in a school or small faculty. 128

132 7.7.3 In professional positions: (a) work as part of a research team; (b) provide a range of library services, including bibliographic assistance, original cataloguing and reader education in library and reference services; (c) provide counselling services; (d) undertake a range of computer programming tasks; (e) provide documentation and assistance to computer users; (f) analyse less complex user and system requirements. 8. HIGHER EDUCATION WORKER LEVEL Training level or qualifications Level 7 duties typically require a skill level which assumes and requires knowledge or training equivalent to: (a) a degree with at least four (4) years subsequent relevant experience; or (b) extensive experience and management expertise in technical or administrative fields; or (c) an equivalent combination of relevant experience and/or education/training. 8.2 Occupational equivalent Senior librarian; technical manager; senior research assistant, professional or scientific officer; senior administrator in a small less complex faculty. 8.3 Level of supervision Broad direction. May manage other staff including administrative, technical and/or professional staff. 8.4 Task level Independently relate existing policy to work assignments or rethink the way a specific body of knowledge is applied in order to solve problems. In professional or technical positions, may be a recognised authority in a specialised area. 8.5 Organisational knowledge Detailed knowledge of academic and administrative policies and the interrelationships between a range of policies and activities. 129

133 8.6 Judgement, independence and problem solving Independently relate existing policy to work assignments, rethink the way a specific body of knowledge is applied in order to solve problems, adapt procedures to fit policy prescriptions or use theoretical principles in modifying and adapting techniques. This may involve stand alone work or the supervision of others in order to achieve objectives. It may also involve the interpretation of policy which has an impact beyond the immediate work area. 8.7 Typical activities In a library, combine specialist expertise and responsibilities for managing a library function In student services, the training and supervision of other professional staff combined with policy development responsibilities which may include research and publication In technical manager positions, the management of teaching and research facilities for a department or school In research positions, acknowledged expertise in a specialised area or a combination of technical management and specialised research In administrative positions, provide less senior administrative support to relatively small and less complex faculties or equivalent. 9. HIGHER EDUCATION WORKER LEVEL Training level or qualifications Level 8 duties typically require a skill level which assumes and requires knowledge or training equivalent to: (a) postgraduate qualifications or progress towards postgraduate qualifications and extensive relevant experience; or (b) extensive experience and management expertise; or (c) an equivalent combination of relevant experience and/or education/training. 9.2 Occupational equivalent Manager (including administrative, research, professional or scientific); senior school or faculty administrator; researcher. 9.3 Level of supervision Broad direction, working with a degree of autonomy. May have management responsibility for a functional area and/or manage other staff including administrative, technical and/or professional staff. 130

134 9.4 Task level Work at this level is likely to require the development of new ways of using a specific body of knowledge which applies to work assignments, or may involve the integration of other specific bodies of knowledge. 9.5 Organisational knowledge The staff member would be expected to make policy recommendations to others and to implement programs involving major change which may impact on other areas of the institution s operations. 9.6 Judgement, independence and problem solving Responsible for program development and implementation. Provide strategic support and advice (e.g., to schools or faculties) requiring integration of a range of university policies and external requirements, and an ability to achieve objectives operating within complex organisation structures. 9.7 Typical activities Assist in the management of a large functional unit with a diverse or complex set of functions and significant resources Manage a function or development and implementation of a policy requiring a high degree of knowledge and sensitivity Manage a small or specialised unit where significant innovation, initiative and/or judgement are required Provide senior administrative support to schools and faculties of medium complexity, taking into account the size, budget, course structure, external activities and management practices within the faculty or equivalent unit. 10. HIGHER EDUCATION WORKER LEVEL Training level or qualifications Level 9 duties typically require a skill level which assumes and requires knowledge or training equivalent to: (a) postgraduate qualifications and extensive relevant experience; or (b) extensive management experience and proven management expertise; or (c) an equivalent combination of relevant experience and/or education/training Occupational equivalent Manager (including administrative, research, professional or scientific); senior school or faculty administrator; senior researcher. 131

135 10.3 Level of supervision Broad direction, working with a considerable degree of autonomy. Will have management responsibility for a major functional area and/or manage other staff including administrative, technical and/or professional staff Task level Demonstrated capacity to conceptualise, develop and review major professional, management or administrative policies at the corporate level. Significant high level creative, planning and management functions. Responsibility for significant resources Organisational knowledge Conceptualise, develop and review major policies, objectives and strategies involving high level liaison with internal and external client areas. Responsible for programs involving major change which may impact on other areas of the institution s operations Judgement, independence and problem solving Responsible for significant program development and implementation. Provide strategic support and advice (e.g., to schools or faculties or at the corporate level) requiring integration of a range of internal and external policies and demands, and an ability to achieve broad objectives while operating within complex organisational structures Typical activities Assist in the management of a large functional unit with a diverse or complex set of functions and significant resources Manage a function or development and implementation of a policy requiring a high degree of knowledge and sensitivity and the integration of internal and external requirements Manage a small and specialised unit where significant innovation, initiative and/or judgement are required Provide senior administrative support to the more complex schools and faculties, taking into account the size, budget, course structure, external activities and management practices within the faculty or equivalent unit. 11. HIGHER EDUCATION WORKER LEVEL Training level or qualifications Duties at or above this level typically require a skill level which assumes and requires knowledge or training equivalent to: (a) proven expertise in the management of significant human and material resources; in addition to, in some areas; (b) postgraduate qualifications and extensive relevant experience. 132

136 11.2 Occupational equivalent Senior program, research or administrative manager Level of supervision Broad direction, operating with a high overall degree of autonomy. Will have substantial management responsibility for diverse activities and/or staff (including administrative, technical and/or professional staff) Task level Complex, significant and high level creative planning, program and managerial functions with clear accountability for program performance. Comprehensive knowledge of related programs. Generate and use a high level of theoretical and applied knowledge Organisational knowledge Bring a multi-perspective understanding to the development, carriage, marketing and implementation of new policies; devise new ways of adapting the organisation s strategies to new, including externally generated, demands Judgement, independence and problem solving Be fully responsible for the achievement of significant organisational objectives and programs Typical activities Manage a large functional unit with a diverse or complex set of functions and significant resources Manage a more complex function or unit where significant innovation, initiative and/or judgement are required Provide senior administrative support to the most complex schools and faculties in large institutions, involving complex course structures, significant staff and financial resources, outside activities and extensive devolution of administrative, policy and financial management responsibilities to this position. 133

137 SCHEDULE 7 HERON ISLAND RESEARCH STATION PROFESSIONAL STAFF SCHEDULE 1. Definitions 1.1 "Agreement" shall mean The University of Queensland Enterprise Agreement Application The provisions in this schedule shall be binding upon the following: 2.1 The University of Queensland (the employer); 2.2 All professional staff employed from time to time at The University of Queensland Heron Island Research Station. 3. Conditions The following conditions shall apply to all staff described in 2.2 above (hereinafter referred to as "staff"): 3.1 Staff will work in accordance with a rotating roster which will allow for one (1) or a combination of the following (the work cycle): (a) six (6) consecutive working days (working eight (8) hours 21 minutes); followed by one (1) fatigue day; followed by seven (7) consecutive working days (working eight (8) hours 21 minutes); followed by seven (7) days off; (b) ten (10) consecutive working days (working seven (7) hours 15 minutes)followed by four (4) consecutive days off; (c) nine (9) consecutive working days (working eight (8) hours 3 minutes) followed by five (5) consecutive days off; (d) five (5) working days (working seven (7) hours 15 minutes) followed by two (2) consecutive days off. 3.2 It is the intention of the University that staff members be provided with adequate time off between rosters to ensure that staff members have adequate rest periods between rosters. Where staff members are working the roster specified in clause 3.1(a) above, it is expected that they will leave the Station during the period of seven (7) days off unless otherwise agreed with the Station Manager in exceptional circumstances; or otherwise make themselves unavailable to clients except as otherwise specified in this Agreement. 3.3 Except in the case of emergency or unforeseen exigency rosters for particular periods will be agreed between the University management and the staff affected by the particular roster. All attempts will be made to minimise disruptions to the operations of the work site. Rosters will be determined having regard to: (a) Workplace health and safety requirements; (b) The University s need for operational efficiency and effectiveness; and (c) Family and similar responsibilities. 134

138 3.4 Except for Trades and Services stream staff members, staff members who are recalled to duty by the Station Manager outside of their rostered hours during a roster cycle will be remunerated at double time for the time worked with a minimum payment of one (1) hour. For the purpose of this clause recalled to duty includes but is not limited to attendance to fire alarms, emergencies or maintenance requirements that require immediate attention and cannot be otherwise addressed during working hours. Where recalled to duty pursuant to this clause, Trades and Services stream staff members will be entitled to a minimum payment of two (2) hours. 3.5 Weekend penalty rates shall not apply to ordinary hours worked on a Saturday or Sunday which fall within the rostered work cycle. 3.6 A staff member instructed to work by the Station Manager on approval of the relevant Faculty on any rostered day off will be remunerated at double time with a minimum payment in accordance with this Agreement. 3.7 A staff member instructed to work by the Station Manager on approval of the relevant Faculty who works on a public holiday which falls within the work cycle shall be remunerated at double time and a half with a minimum payment in accordance with this Agreement. 3.8 Should a public holiday fall on one (1) or more of a staff member's rostered days off, then the staff member shall be allowed a further day off for each public holiday to be taken as agreed between the employer and the staff member. 3.9 It is the University s intention that Staff who wish to avail themselves of travel to the mainland in conjunction with days off may depart Heron Island on the last day of the work cycle and return on the first day of the next subsequent work cycle, in accordance with the normal catamaran timetable. Two (2) hours paid time will be allowed in respect of travel on each of those days. The parties acknowledge that scheduling changes to the catamaran timetable may render this arrangement impracticable at some stage during the life of the agreement. Should this occur, staff may no longer be able to travel to and from the mainland in conjunction with their days off. In this event, reasonable steps shall be taken to ensure that rostering arrangements align with the catamaran timetable and/or staff are allowed to use flexible work arrangements to allow them to travel to the mainland on the last day of their work cycle and/or back on the first day of their subsequent work cycle The employer will in respect of a staff member, during each calendar year of the staff member's service, pay for up to 26 return catamaran trips to the mainland at the subsidised rate Unless otherwise agreed with the Station Manager, staff members will be required to spend a minimum period of 21 consecutive days off the Station for each calendar year of service, to be applied for in advance and approved by the Station Manager and the Faculty. The 21 day period may be made up of any combination of the following that has accrued to the staff member: 135

139 (a) rostered day off, (b) recreation leave, (c) long service leave, (d) VBT or TOIL, (e) any other period of approved paid or unpaid leave By agreement with the staff member the employer may extend the spread of ordinary hours contained in this Agreement in order to facilitate arrangements dealt with in this Schedule. 136

140 SCHEDULE 8 - THE UNIVERSITY OF QUEENSLAND SECURITY SHIFT SUPERINTENDENTS SCHEDULE 1. Application 2. Wages The provisions in this schedule shall be binding upon the following: 1.1 The University of Queensland (the employer); 1.2 All professional staff employed in the classification of Security Shift Superintendent at The University of Queensland. Security Shift Superintendents shall receive the following rates of pay: Rate Per Annum 1-Jan-14 1-Jul-14 1-Jan-15 1-Jan-16 1-Jan-17 Salary Level SS0101 $ 70, $ 70, $ 73, $ 75, $ 77, SS0102 $ 73, $ 73, $ 75, $ 78, $ 80, SS0103 $ 76, $ 76, $ 78, $ 81, $ 83, SS0104 $ 79, $ 79, $ 81, $ 84, $ 86, Rates for Ordinary Hours The rates of pay contained in clause 2 above are in respect of ordinary hours as defined in the Agreement. Time worked in excess of ordinary hours shall be paid at overtime rates in accordance with the Agreement. 4. Rates Inclusive of Penalties Notwithstanding anything contained within this Schedule, the wage rates set out in clause 2 above shall be inclusive of shift and weekend penalties. 5. Shift Work Security Shift Superintendents shall undertake shift work in accordance with this Schedule, provided that clause Shift Allowances of this Agreement shall not apply. 137

141 SCHEDULE 9 SCHOOL OF VETERINARY SCIENCE VETERINARY NURSE AND VETERINARY TECHNICIAN SCHEDULE 1. Application 1.1 The provisions of this Schedule are binding on Veterinary Nurses and Veterinary Technicians employed to work in the School of Veterinary Science Veterinary Medical Centre and Clinical Studies Centre (at the Gatton Campus) and Dayboro Veterinary Surgery. 1.2 The provisions of this Schedule will not apply to an existing continuing or fixed-term staff member, as at the date of commencement of this Agreement, unless the staff member agrees in writing to be covered by this Schedule. Where the provisions of this Schedule do not apply to a staff member, the hours of work provisions in clause 70 will apply to the staff member. 1.3 Clauses 2, 3, 4 and 5 of this Schedule are not applicable to Casual staff. 1.4 Except as specified in this schedule, all conditions of employment in this Agreement apply. To avoid doubt the provisions of Clause Hours of Work Shift Workers do not apply. 2. Hours of Work Shift Arrangements 2.1 A shiftworker for purposes of this Schedule means a staff member who: a) works in accordance with a shift roster where shifts are continuously rostered 24 hours a day for 7 days a week; and b) regularly works night shifts and/or Sundays and Public Holidays. 2.2 Full-time shiftworkers will be entitled to 181 hours and 15 minutes (25 days) recreation leave for each 12 months of continuous paid service. Part-time shiftworkers will be entitled to recreation leave at pro-rata the full-time rate. 2.3 Continuing and fixed-term staff covered by this schedule may be required to undertake shift work in accordance with the following shift types: Shift type Day Shift Afternoon Shift Night Shift Worked between 6:00am and 6:00pm Shift commencing at or after midday and finishing at or before midnight Shift extending beyond midnight 2.4 Shifts may be rostered between six (6) and ten (10) hours in length, or twelve (12) hours by written agreement. A shift that is (12) hours in length will be inclusive of meal breaks. 2.5 A 30 minute paid break is to be taken between the commencement of the fourth hours and the completion of the sixth hours of a shift at such time as will not interfere with the continuity of 138

142 work. Where a staff member rostered to work 10 or more hours a 30 minute unpaid break is to be taken during the second half of the shift, at such time as will not interfere with the continuity of work. Appropriate paid rest pauses will be allowed during the course of the Shift. 3. Shift Loadings 3.1 The shift loadings payable on the ordinary rate of pay will be in accordance with the following: Shift Loading Monday to Friday Shift Loading Saturday and Sunday Day Shift No Loading 50% Loading for all time worked between midnight Friday and 6:00am Monday Afternoon Shift 15% Loading for each shift worked 50% Loading for all time worked between midnight Friday and 6:00am Monday Night Shift 25% Loading for each shift worked 50% Loading for all time worked between midnight Friday and 6:00am Monday 4. Shift Rostering 4.1 Staff will be provided two consecutive days off following five (5) shifts, and three (3) consecutive days off following 6 shifts. 4.2 All shift rosters will specify the commencing and finishing time of ordinary hours of work of each staff member and may be spread over a maximum cycle of eight (8) weeks, or such other cycle as agreed with the staff affected. 4.3 The ordinary hours of work will be hours per week worked as 290 hours over eight (8) weeks or such other cycle as agreed with the staff affected. A staff member will not be required to work in excess of 160 ordinary hours in either the first four (4) weeks or last four (4) weeks of the roster cycle. 4.4 Except in the case of an emergency over which the University has no control, consultation shall take place between University management and affected staff when a changed shift roster is proposed. Not less than fourteen days shall be allowed for such consultation Shift rosters shall be designed to the extent practicable having regard to: (i) (ii) (iii) workplace health and safety requirements; the University s need for operational efficiency and effectiveness; and family responsibilities. 139

143 4.6 A staff member may voluntarily exchange duties and hours of work with another staff member with the University s approval, in which case the following conditions apply: (i) (ii) Overtime payments, shift and meal allowances will not be payable for any period by which those exchanged hours of work are in excess of their ordinary working hours, unless such payment would have been made to the staff member originally rostered; and No staff member will be permitted to work two consecutive shifts. 4.7 Staff will be entitled to a minimum period of ten hours break between shifts. 4.8 Except where overtime is worked, a Staff member who rotates from one shift to another: (a) for the purpose of changing shift rosters; or (b) where a shift worker does not report for duty, will, unless released from duty for eight consecutive hours upon the completion of their shift, be paid double the prevailing rates until released from duty for such period, and will then be entitled to be absent until they have had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. 5. Overtime and Public Holiday rates Shift Roster 5.1 All work required to be performed in excess of ordinary rostered hours will be deemed to be overtime. Overtime and public holiday rates will be in accordance with the following table: Monday to Sunday Double time Public Holidays Double time and a half 5.2 A staff member recalled to work outside the ordinary hours of work will be paid for a minimum of two (2) hours work at the overtime rate. 6. Hours of Work and Overtime Standard Hours 6.1 Continuing and fixed-term staff covered by this schedule (excluding staff at HEW level 8 and above) who are not shift workers in accordance with clause 2, will work in accordance with the following table: Maximum hours Hours/Day Standard Spread Days 72.5 hours per fortnight Maximum 12 hours per day including meal breaks Sunday to Saturday over no more than five (5) consecutive days Standard Spread - Hours 6:00am 6:00pm 140

144 6.2 Casual staff will work a maximum of 72.5 hours per fortnight or 8 hours per day. The standard spread of hours for casual staff is open span. 6.3 Continuing and fixed-term staff will be paid at the rate of time and a half for ordinary hours of work performed on a Saturday and Sunday. 6.4 All work required to be performed in excess of ordinary working hours, or outside commencing and ceasing times fixed pursuant to clause 6.1 on any one day or in any one week will be deemed to be overtime. 6.5 Overtime and public holiday rates will be in accordance with the following table: Monday to Saturday Sunday Public Holidays Time and a half for the first three hours and double time thereafter Double time Double time and a half 6.6 Casual staff will be paid overtime for hours worked in excess of 8 hours per day or 72.5 hours per fortnight. Casual staff will receive the greater of overtime rates set out in the above table or the casual loading but not both. 6.7 A continuing and fixed-term staff member recalled to work outside the ordinary hours of work will be paid for a minimum of two (2) hours work at the overtime rate. 6.8 A staff member who is employed for at least six hours will be allowed an unpaid break of 45 minutes for a meal, to be taken in accordance with the relevant University policy. Unless otherwise directed by their supervisor staff are required to take a lunch break of at least 30 minutes duration after five hours work. 141

145 SCHEDULE 10 THE UNIVERSITY OF QUEENSLAND CUSTOMS HOUSE SCHEDULE 1. Application The provisions of this Schedule are binding on all hospitality staff employed at Customs House. 2. Conditions of Employment for Customs House Hospitality Staff Except as specified in this schedule, all other conditions of employment are governed by this Agreement. 3. Salaries and Salary Loadings 3.1 Salaries, salary loadings and salary increases are to be paid in accordance with Appendix 1 of this Schedule. 3.2 This Agreement includes the payment of salary increases payable on or from the dates set out in clause 63.1(c). 3.3 A loading of 13%, inclusive of all weekend penalties and late work rates, will be paid in addition to the base salary rate, for ordinary hours of work, for all classifications up to and including that of Cook Grade 5 and Food and Beverage Grade 6 (i.e. Chef de Partie/Banquets Supervisor Snr). 3.4 The salary rate applicable to apprentices shall be the following percentage of the salary rate payable for the trade-qualified staff in the trade for which they are apprenticed: Year Percentage of appropriate salary rate First year 40% Second year 55% Third year 75% Fourth year 90% In the case of an apprentice cook, the base salary rate shall be of Cook Grade 3 (i.e. Commis Chef). 3.5 Casual staff shall be paid at the hourly rate of 1/38 th of the relevant base weekly rate (annual rates of which are set out in this Schedule, plus a casual loading of 25%. Hourly rates for casual staff employed on non-hew Level classifications are set out in this Schedule. 142

146 4. Hours of Work and Overtime 4.1 The Hours of Work for continuing and fixed-term Hospitality Staff (excluding HEW level 8) employed at Customs House will be in accordance with the following table, subject to clauses 4.6, 4.7 and 4.8: Max hrs/cycle Max Hrs/Day Standard Spread Days 152 hrs/4 weeks Min 4 hrs per day Sunday to Saturday subject to clause Max 10 hrs per day or hrs by written agreement. Standard Spread - Hours Open Span 4.2 Casual staff employed at Customs House will work a maximum of 76 hours per fortnight or 10 hours per day. The standard spread of hours for casual staff is open span. 4.3 Hours of work for Hospitality Staff employed at HEW level 8 are in accordance with clause The overtime rates applicable for continuing and fixed-term Hospitality Staff (excluding HEW level 8) employed at Customs House will be in accordance with the following table: Monday to Saturday Sunday Public Holidays Time and a half for the first three hours and double time thereafter (minimum 2 hours payment on RDO) Double time Double time and a half 4.5 Casual staff employed at Customs House will be paid overtime for hours worked in excess of 10 hours per day or 12 hours by agreement. Casual staff will receive the greater of overtime rates set out in the above table or the casual loading but not both. 4.6 In lieu of the standard hours in clause 4.1, a staff member (excluding HEW level 8) may work an accrued time arrangement, where mutually agreed between the staff member and the Director Customs House, provided that: (a) The work is carried out at least as effectively as under the standard hours in clause 4.1. (b) Staff must be available to meet operational requirements during predetermined hours. (c) Arrangements are made for appropriate supervision of work and recording of times worked. 4.7 A staff member with an accrued time arrangement may work 38 hours per week and accumulate accrued time for additional hours worked, provided that: (a) The maximum number of hours that may accrue any week or fortnight is 9 and 18 respectively. (b) The maximum number of hours that may accumulate as credit is 38 hours. (c) The maximum number of hours that may accumulate as debit is 7.6 hours. 143

147 a) The accrued time must be taken within 6 months of accrual. b) A meal break of 30 minutes must be taken where a staff member has worked continuously for 5 hours. c) Where a paid personal leave entitlement exists, a staff member cannot access accrued time in lieu of personal leave. 4.8 Staff are not entitled to accumulate accrued time outside of the provisions in clause 4.7. Hours in excess of these rules are overtime and must be approved in advance by the Director, Customs House and where approved will be paid as overtime. 5. Review of Salary Loadings 5.1 At the end of a twelve month period, a staff member may request an audit of their individual circumstances where good reason exists to determine whether any financial disadvantage has occurred over that period. Good reason will normally be defined as working more than an equitable number of Saturdays, Sundays, overtime, public holidays or late shifts when compared with other staff. Where a shortfall is determined, it will be adjusted by the Customs House. 5.2 Where a staff member requests and is granted a roster configuration for any personal reason which may incur a disadvantage, the staff member will not be entitled to have the shortfall adjusted. 6. Classifications 6.1 It is agreed that the experience of as much on the job training through exposure to the range of duties required to be performed in the Restaurant or Banquets departments, as well as flexible classification structures, will enhance the career prospects of individuals both within the Customs House and the hospitality industry. Staff may be required to perform any function which is deemed to be within the staff member's skills and abilities. 6.2 For the purposes of this clause, "appropriate level of training" shall mean: completion of a training course deemed suitable according to guidelines issued through Tourism Training Australia for that particular classification. After 1 June 1991 such course to be accredited by the Australian Hospitality Review Panel; that the staff member's skills have been assessed to be at least the equivalent of those attained through the suitable course described in the previous point by a qualified skills assessor; or that where a staff member is undertaking the duties associated with a particular level, the staff member is deemed to have the appropriate level of training and shall be remunerated accordingly. 6.3 Classifications of hospitality staff will be as follows: FOOD & BEVERAGE STREAM (a) Food & Beverage Attendant Grade 1 (General Assistant) shall mean a staff member who is skilled in basic manual duties and who is engaged in any of the following:- 144

148 (i) (ii) (iii) (iv) (v) (vi) picking up glasses emptying ashtrays general assistance to Food & Beverage Attendants of a higher grade not including service to customers removing food plates setting and wiping down tables monitoring, cleaning and tidying of associated areas during normal opening hours where such duties are incidental to the staff member s main duties (b) Food & Beverage Attendant Grade 2 (Wait Staff) shall mean a staff member who has not achieved the appropriate level of training but who has the skills and abilities to work in any of the following:- (i) supplying, dispensing or mixing of liquor (ii) undertaking of general waiting duties of both food and/or beverage including cleaning of tables and restaurant equipment (iii) receipt of monies (iv) selling of specialist stock lines (v) attending a snack bar (vi) engaged on delivery duties (vii) general receival and distribution of goods (viii) taking reservations, greeting and seating guests under general supervision (ix) assist in maintenance of dress standards and good order in the establishment (x) setting up on site for small parties (c) Food & Beverage Attendant Grade 3 (Shift Supervisor) shall mean a staff member who has the appropriate level of training and is engaged in any of the following:- (i) (ii) (iii) (iv) (v) (vi) (vii) supplying, dispensing or mixing of liquor undertaking general waiting duties of both food and liquor, including cleaning of tables receipt of monies selling of specialist stock lines general security including security of keys and supervision of dress standard maintenance and good order in the establishment assisting in the training and supervision of Food & Beverage Attendants of a lower grade setting up on site for small parties (d) Food & Beverage Attendant Grade 4 (Supervisor) shall mean a staff member who has the appropriate level of training and is engaged in any of the following:- (i) (ii) (iii) primary responsibility for a cellar or liquor storeroom (including the receipt, delivery, recording and ordering of goods within such an area) mixing a range of sophisticated drinks supervision and training of Food & Beverage Attendants of a lower grade (e) Food & Beverage Attendant Grade 5 (Restaurant/ Banquets Supervisor Junior) shall mean a staff member who has completed an apprenticeship in waiting, or who has been accredited 145

149 as such, or who is assessed as having skills of a similar level and who is engaged in the following:- (i) (ii) (iii) (iv) (v) (vi) (vii) general and specialised skilled duties in a fine dining room or restaurant primary responsibility for a cellar or liquor storeroom (including the receipt, delivery, recording and ordering of goods within such an area) mixing a range of sophisticated drinks supervision and training of Food & Beverage Attendants of a lower grade receipt of monies selling of specialist stock lines general security including security of keys and supervision of dress standard maintenance and good order in the establishment (f) Food & Beverage Attendant Grade 6 (Restaurant/ Banquets Supervisor Senior) shall mean a staff member who has the appropriate level of training including a supervisory course and who is engaged in any of the following:- (i) (ii) (iii) (iv) responsibility for the supervision, training and co-ordination of food and beverage staff stock control for a bar or bars including administrative and accounting activities responsibility for the maintenance of service and operational standards security, including keys and ensuring that the building is left in good order. g) HEW Level 5 (Banquets Manager/ Restaurant Manager) shall mean a staff member who has the appropriate level of training including a supervisory course and who is engaged in any of the following:- (i) (ii) (iii) (iv) responsibility for the supervision, training and co-ordination of food and beverage staff stock control for a bar or bars including administrative and accounting activities responsibility for the maintenance of service and operational standards responsibility for the effective operation of Banquets or Restaurant Department (h) HEW Level 6 (Food and Beverage Manager) shall mean a staff member who has the appropriate level of training including a supervisory course and who is engaged in any of the following:- (i) (ii) (iii) (iv) responsibility for the supervision, training and co-ordination of food and beverage staff stock control for a bar or bars including administrative and accounting activities responsibility for the maintenance of service and operational standards responsibility for effective management of the Food & Beverage operation of Customs House (i) HEW Level 7 (Operations Manager) shall mean a staff member who has the appropriate level of training including a supervisory course and who is engaged in any of the following: (i) (ii) responsibility for the supervision, recruitment, training and co-ordination of food and beverage, cleaning and receptionist staff stock take of beverage and assets including administrative and accounting activities 146

150 (iii) (iv) (v) responsibility for the maintenance of service and operational standards responsibility for effective management of the Food & Beverage operation of Customs House responsibility for property maintenance at Customs House KITCHEN STREAM (a) Kitchen Attendant Grade 1 (Kitchenhand 1) shall mean a staff member engaged in any of the following:- (i) (ii) (iii) (iv) (v) general cleaning duties within a kitchen or food preparation area and scullery, including the cleaning of cooking and general utensils used in a kitchen and restaurant assisting staff who are cooking assembly and preparation of ingredients for cooking preparation of salad ingredients and/or distribution to a salad bar general pantry duties (b) Kitchen Attendant Grade 2 (Kitchenhand 2) shall mean a staff member engaged in any of the following:- (i) (ii) (iii) specialised non-cooking duties in a kitchen or food preparation area assisting in the supervision and training of Kitchen Attendants general receival and distribution of goods (c) Kitchen Attendant Grade 3 (Kitchenhand 3) shall mean a staff member engaged in any of the following:- (i) (ii) responsibility for the supervision, training and co-ordination of Kitchen Attendants of a lower grade (d) Cook Grade 1 (Cook 1) shall mean a staff member who is engaged in the following:- (i) cooking of breakfasts and snacks, baking, pastry cooking or butchering (e) Cook Grade 2 (Cook 2) shall mean a staff member who has the appropriate level of training and who is engaged in the following:- (i) (ii) cooking duties including baking, pastry cooking or butchering setting up of an on-site kitchen (f) Cook (Tradesperson) Grade 3 (Commis Chef) shall mean a staff member who has completed an apprenticeship or who has passed the appropriate trade test, and who is engaged in any of the following:- (i) (ii) cooking, baking, pastry cooking or butchering duties setting up of an on-site kitchen (g) Cook (Tradesperson) Grade 4 (Demi Chef) shall mean a staff member who has completed an apprenticeship or who has passed the appropriate trade test, and who is engaged in any of the following:- 147

151 (i) (ii) general or specialised cooking, butchering, baking or pastry cooking duties when required supervision and training of other cooks or kitchen staff (h) Cook (Tradesperson) Grade 5 (Chef de Partie) shall mean a staff member who has completed an apprenticeship or who has passed the appropriate trade test in cooking, butchering, baking or pastry cooking and has completed additional appropriate training and who performs any of the following:- (i) (ii) (iii) general or specialised cooking, butchering, baking or pastry cooking duties when required supervision and training of other cooks or kitchen staff ordering and stock control (i) HEW Level 5 (Sous Chef Junior) shall mean a staff member who has completed an apprenticeship or who has passed the appropriate trade test in cooking, in butchering, baking or pastry cooking and has completed additional appropriate training and who performs any of the following: (i) (ii) (iii) general or specialised cooking, butchering, baking or pastry cooking duties when required, supervision and training of other cooks or kitchen staff ordering and stock control (j) HEW Level 6 (Sous Chef) shall mean a staff member who has completed an apprenticeship or who has passed the appropriate trade test in cooking, butchering, baking or pastry cooking and has completed additional appropriate training and who performs any of the following:- (i) (ii) (iii) (iv) (v) general or specialised cooking, butchering, baking or pastry cooking duties supervision and training of other cooks or kitchen staff ordering and stock control in the absence of the Sous Chef Senior, supervision of other cooks and kitchen staff including coordination in a single kitchen establishment delegated responsibility for the efficient operation and management of the food operation at Customs House in the absence of the Sous Chef Senior and the Head Chef (k) HEW Level 7 (Sous Chef Senior) shall mean a staff member who has completed an apprenticeship or who has passed the appropriate trade test in cooking, butchering, baking or pastry cooking and has completed additional appropriate training with at least two years post qualification experience and who performs any of the following: (i) (ii) (iii) (iv) (v) general or specialised cooking, butchering, baking or pastry cooking duties supervision and training of other cooks or kitchen staff ordering and stock control supervision of other cooks and kitchen staff including coordination in a single kitchen establishment responsibility for the efficient operation and management of the food operation at Customs House in the absence of the Head Chef (l) HEW Level 8 (Head Chef) shall mean a staff member who has completed an apprenticeship or who has passed the appropriate trade test in cooking, butchering, baking or pastry 148

152 cooking and has completed additional appropriate training and who performs any of the following:- (i) (ii) (iii) (iv) (v) general or specialised cooking, butchering, baking or pastry cooking duties supervision and training of other cooks or kitchen staff ordering and stock control sole responsibility for other cooks and kitchen staff including coordination in a single kitchen establishment responsibility for the efficient operation and management of the food operation at Customs House (m) HEW Level 8 (Chef de Cuisine) shall mean a staff member who has completed an apprenticeship or who has passed the appropriate trade test in cooking, butchering, baking or pastry cooking and has completed additional appropriate training and who performs any of the following:- (i) (ii) (iii) (iv) (v) (vi) general or specialised cooking, butchering, baking or pastry cooking duties supervision, recruitment and training of other cooks or kitchen staff ordering and stock control responsibility for other cooks and kitchen staff including coordination in a single kitchen establishment responsibility for the menu design and implementation of new menus for the restaurant and banquets departments responsibility for the efficient operation and management of the food operation at Customs House Introductory Level shall be applicable if a staff member has not achieved the appropriate level of training and has less than three months experience either in the restaurant and catering industry or in another industry where the staff member performed work similar to that which the staff member is required to perform under this Agreement. 7. Rosters: Non-Casual Staff 7.1 The parties to the Agreement acknowledge that working patterns must be flexible in order to respond to patrons' requirements. Wherever possible, staff will be provided with as much notice as possible in respect of times during which they will be required to work. It is further acknowledged that whilst every effort will be made to adhere to rosters, rosters may be altered in order to respond to unexpected operational requirements of the Custom's House. 7.2 At the beginning of each week, staff will be advised of the times for which they will be expected to work during the forthcoming week. 7.3 Unless otherwise agreed, staff will receive at least 24 hours notice of any variations to this roster. 7.4 Under the salary loading system, rosters will be constructed to ensure fairness and equity and so that no staff member shall be disadvantaged. 149

153 7.5 Broken shifts non-casual catering employees Where broken shifts are worked the spread of hours will not exceed the ordinary hours by more than three hours, not including meal breaks, provided that in no case will the spread of hours exceed twelve hours per day. 7.6 Staff members will be paid an allowance of $5.03 per day where they are required to work a broken shift. The broken shift allowance will be increased in accordance with the percentage increase applicable to the HEW 3.1 rate. 8. Rosters: Casual Staff Every effort shall be made by the Customs House to provide casual staff with as much notice as possible in respect of their required engagements. The Customs House may adjust the hours required to be worked by a casual staff member, provided that minimum of 2 hours is either worked or paid per engagement. 150

154 Kitchen Stream 1-Jan-14 Position Classification Casual Base Rate Plus 13%* Base Rate Head Chef/ Chef de Cuisine HEW Level 8 Sous Chef Snr HEW Level 7 Sous Chef HEW Level 6 Sous Chef Jnr HEW Level 5 Chef de partie Cook Grade 5 $ 47, $ 53, Demi Chef Cook Grade 4 $ 45, $ 50, Commis Chef Cook Grade 3 $ 43, $ 48, Cook Cook Grade 2 $ 38, $ 43, Cook Cook Grade 1 $ 36, $ 40, Apprentice Yr 4 Apprentice Yr 4 Apprentice Yr 3 Apprentice Yr 3 Apprentice Yr 2 Apprentice Yr 2 Apprentice Yr 1 Apprentice Yr 1 Kitchenhand 3 Kitchen Attendant 3 $ 38, $ 43, Kitchenhand 2 Kitchen Attendant 2 $ 36, $ 40, Kitchenhand 1 Kitchen Attendant 1 $ 35, $ 40, Casual Plus 13%* Base Rate Plus 13%* 1-Jul-14 Casual Base Rate Casual Plus 13%* Base Rate Plus 13%* 1-Jan-15 Casual Base Rate Casual Plus 13%* $ $ $ 47, $ 53, $ $ $ 48, $ 55, $ $ $ $ $ 45, $ 51, $ $ $ 46, $ 52, $ $ $ $ $ 43, $ 49, $ $ $ 44, $ 50, $ $ $ $ $ 38, $ 43, $ $ $ 39, $ 44, $ $ $ $ $ 36, $ 41, $ $ $ 37, $ 42, $ $ $ $ $ 38, $ 43, $ $ $ 39, $ 44, $ $ $ $ $ 36, $ 41, $ $ $ 37, $ 42, $ $ $ $ $ 35, $ 40, $ $ $ 36, $ 41, $ $ *13% loading incorporates weekend penalty and late work rates. 151

155 Kitchen Stream (cont) 1-Jan-16 Position Salary Level Casual Base Rate Plus 13%* Base Rate Head Chef/ Chef de Cuisine HEW Level 8 Sous Chef Snr HEW Level 7 Sous Chef HEW Level 6 Sous Chef Jnr HEW Level 5 Chef de partie Cook Grade 5 $ 50, $ 56, Demi Chef Cook Grade 4 $ 48, $ 54, Commis Chef Cook Grade 3 $ 46, $ 52, Cook Cook Grade 2 $ 40, $ 46, Cook Cook Grade 1 $ 38, $ 43, Apprentice Yr 4 Apprentice Yr 4 Apprentice Yr 3 Apprentice Yr 3 Apprentice Yr 2 Apprentice Yr 2 Apprentice Yr 1 Apprentice Yr 1 Kitchenhand 3 Kitchen Attendant 3 $ 40, $ 46, Kitchenhand 2 Kitchen Attendant 2 $ 38, $ 43, Kitchenhand 1 Kitchen Attendant 1 $ 37, $ 42, *13% loading incorporates weekend penalty and late work rates. Casual Plus 13%* Base Rate Plus 13%* 1-Jan-17 Casual Base Rate Casual Plus 13%* $ $ $ 51, $ 58, $ $ $ $ $ 49, $ 55, $ $ $ $ $ 47, $ 53, $ $ $ $ $ 42, $ 47, $ $ $ $ $ 39, $ 44, $ $ $ $ $ 42, $ 47, $ $ $ $ $ 39, $ 44, $ $ $ $ $ 38, $ 43, $ $

156 Food and Beverage Stream Position Salary Level Base Rate Plus 13%* 1-Jan-14 Casual Base Rate Casual Plus 13%* Base Rate Plus 13%* Casual Base Rate Casual Plus 13%* Base Rate Plus 13%* Casual Base Rate Casual Plus 13%* Operations Manager HEW Level 7 Food and Beverage Manager HEW Level 6 Banquets and Restaurant Manager HEW Level 5 Restaurant and Banquets Supervisor Snr F & B Grade 6 $ 45, $ 50, $ $ $ 45, $ 51, $ $ $ 46, $ 52, $ $ Restaurant and Banquets Supervisor Jnr F & B Grade 5 $ 43, $ 48, $ $ $ 43, $ 49, $ $ $ 44, $ 50, $ $ Supervisor F & B Grade 4 $ 40, $ 45, $ $ $ 40, $ 45, $ $ $ 41, $ 47, $ $ Shift Supervisor F & B Grade 3 $ 38, $ 43, $ $ $ 38, $ 43, $ $ $ 39, $ 44, $ $ Wait Staff F & B Grade 2 $ 36, $ 40, $ $ $ 36, $ 41, $ $ $ 37, $ 42, $ $ General Assistant F & B Grade 1 $ 35, $ 40, $ $ $ 35, $ 40, $ $ $ 36, $ 41, $ $ Introductory F & B Introductory $ 32, $ 36, $ $ $ 32, $ 37, $ $ $ 33, $ 38, $ $ Jul-14 1-Jan

157 Food and Beverage Stream (cont) Position Salary Level Base Rate Plus 13%* 1-Jan-16 Casual Base Rate Casual Plus 13%* Base Rate Plus 13%* 1-Jan-17 Casual Base Rate Casual Plus 13%* Operations Manager HEW Level 7 Food and Beverage Manager HEW Level 6 Banquets and Restaurant Manager HEW Level 5 Restaurant and Banquets Supervisor Snr F & B Grade 6 $ 48, $ 54, $ $ $ 49, $ 55, $ $ Restaurant and Banquets Supervisor Jnr F & B Grade 5 $ 46, $ 52, $ $ $ 47, $ 53, $ $ Supervisor F & B Grade 4 $ 42, $ 48, $ $ $ 44, $ 49, $ $ Shift Supervisor F & B Grade 3 $ 40, $ 46, $ $ $ 42, $ 47, $ $ Wait Staff F & B Grade 2 $ 38, $ 43, $ $ $ 39, $ 44, $ $ General Assistant F & B Grade 1 $ 37, $ 42, $ $ $ 38, $ 43, $ $ Introductory F & B Introductory $ 34, $ 39, $ $ $ 35, $ 40, $ $ *13% loading incorporates weekend penalty and late work rates 154

158 SCHEDULE 11 INSTITUTE OF SOCIAL SCIENCE RESEARCH 1. This schedule applies to casual staff employed by the Institute of Social Science Research in the Computer Assisted Telephone Interviewing (CATI) laboratory. Except as specified in this schedule all other conditions of employment will be in accordance with this Agreement. 2. The rates of pay in Table One (based upon relevant rates contained in the Market and Social Research Award) will apply from the date of commencement of this Agreement to casual staff engaged by the Institute of Social Science Research, subject to the following: (a) (b) Casual staff members with an appointment at the date of commencement of this Agreement will continue to be paid at the relevant HEW level rates applicable to the individual s appointment immediately prior to the certification. For the purpose of sub-clause (a) those staff members with an appointment at the date of commencement of this Agreement are those staff members who have received payment for work in the six month period prior to the commencement of the Agreement. Table One Classification 1 July January January January 2017 Market Trainee/Commencement* $22.20 $22.87 $23.55 $24.26 Market Research Interviewer $24.82 $25.57 $26.33 $27.12 Team Leader (Small Shift) $26.43 $27.22 $28.04 $28.88 *Applicable for first 50 hours of training unless evidence of prior training from another relevant employer has been provided. 155

159 SCHEDULE 12 PROFESSIONAL STAFF ALLOWANCES WORK RELATED ALLOWANCES Tool. Gas Fitter. Explosive Tools. Broken Shift. Construction. Removal of Dead Animals. Sanitary. Meal Allowance (Catering Staff). PURPOSE Qualified tradesperson required to use own tools: Mechanical and electrical tradesperson Carpenter Plumber Stonemason Painter Staff member is required to hold a Gas Fitter s Licence and required by the University to carry out related duties Staff member is required to use explosive power tools. Staff member is required to work a broken shift other than where a broken shift is provided for under this Agreement or by local agreement. Where a staff member is involved in the construction, alteration, repair or maintenance of buildings and reasonable amenities are not provided. Staff member is driving or assisting the driver of rubbish removal vehicles and is required to remove dead animals. Staff member is required to clean toilets connected with septic tanks or sewerage. Where a catering staff member is required to work overtime for more than two hours beyond their rostered finishing time and an adequate meal has not been provided by the University. AMOUNT (at the commencement of this Agreement) $40.40 per fortnight $46.89 per fortnight $46.89 per fortnight $11.47 per fortnight $11.47 per fortnight. $351 per quarter. $0.95 per day. $5.83 per day. $4.66 per day. $2.43 per day. $16.04 per fortnight. $

160 Meal Allowance (Other than Catering Staff). Staff member is required to work overtime for more than one hour after his or her ordinary finishing time or after 6.00 p.m. Monday to Friday, and a meal has not been provided by the University; or a staff member is required to work overtime: for more than four (4) hours on Saturday or Sunday; after 1.00 p.m. on Saturday; after midday on Sunday or a public holiday; or after 6.00 p.m. on Sunday or a public holiday $ and a meal has not been provided by the University. Wet Weather. Where a skilled trades 200% of the ordinary hourly assistant, basic or advanced rate (minimum payment of tradesperson, or staff in the one (1) hour). gardener/grounds/farms or security career streams or traffic and parking or similar staff member is required by management to work in the rain and, despite wearing waterproof clothing, their own clothing becomes wet. First Aid. Staff member is required by $29.49 per fortnight the University to hold a current St. Johns Ambulance First Aid Certificate or equivalent qualification. Locality. Staff member is located $28.84 per fortnight outside a 400 km radius of the Brisbane GPO. WORK RELATED EXPENSES PURPOSE AMOUNT Travel. First class rail tickets or an economy airfare where a staff member is directed by the University to travel by air or rail. Actual cost. University may choose to purchase tickets direct from supplier. 157

161 Camping (expense related food). Uniform. Safety Equipment and Protective Clothing. Staff member is required to camp out overnight and food and beverages have not been provided by the University. Staff member is required to wear a uniform and the uniform is not provided by the University. Where a skilled trades assistant, or basic or advanced tradesperson or traffic and parking or similar staff member is required to wear protective clothing and/or use safety equipment, and the protective clothing and/or safety equipment is not provided by the University $38.19 per day or by reimbursement of reasonable costs on presentation of receipts. Actual cost. Actual cost. 1. Extreme or unpleasant conditions Where a skilled trades assistant, or basic or advanced tradesperson, or traffic and parking or similar staff member is required to work in extreme or unpleasant conditions, a 25% loading on the staff member s base hourly rate of pay will be paid for each hour worked in those conditions. For the purpose of this clause an extreme or unpleasant condition includes: (a) dirty, dusty or unpleasant conditions where the staff member is engaged in work involving dirty and oily equipment, insulating material, noxious or toxic fumes, acidic or corrosive materials, drains, tanks and wet concrete; (b) confined spaces or underground work where the staff member is required to operate in a space or place the dimensions of which necessitate such staff member to work in a stooped or cramped position and/or where there is poor ventilation; (c) extreme hot or cold conditions where the staff member is required to work in places of temperature beyond 45 degrees C or below 0 degrees C; (d) elevated working situations where the staff member is required to work more than 15 metres above the ground or above the nearest horizontal plane; (e) wet conditions where the staff member is required to work in any place where water is falling, where there is abnormal water underfoot, or where general conditions are abnormally wet. Provided that this provision will not apply to staff otherwise entitled to payment pursuant to the wet weather allowance; (f) cleaning brickwork where a staff member is required to use acids or other corrosive substances; 158

162 (g) any other such situations which the University deems to be extreme and unpleasant working conditions. Where more than one of (a) to (g) apply the allowance shall be paid in respect of each applicable subparagraph. 2. Accommodation Allowance Where a staff member is required to spend the night away from their normal place of residence or cannot reasonably be expected to return to their normal place of residence and accommodation is not provided by the University the staff member will be entitled to an accommodation allowance based on the Australian Taxation Office reasonable allowance rate determination and paid in accordance with the University s Travel Policy and Procedures. The University may elect to pay, or reimburse the staff member, for actual reasonable expenses incurred and require production of receipts in lieu of paying a travel allowance. 3. Meal Allowance Where a staff member is required to spend the night away from their normal place of residence or cannot reasonably be expected to return to their normal place of residence and where a meal is not provided at no expense to the individual staff member, the staff member will be entitled to meal allowance(s) reflecting the Australian Taxation Office reasonable allowance rate determination and paid in accordance with the University s Travel Policy and Procedures. The University may elect to reimburse the staff member for actual reasonable expenses incurred and require production of receipts in lieu of paying the meal allowance(s).. 4. Incidentals Allowance Where a staff member is required to spend the night away from their normal place of residence or cannot reasonably be expected to return to their normal place of residence and accommodation and meals are provided by the University the staff member will be entitled to an incidentals allowance based on the Australian Taxation Office reasonable allowance rate determination and paid in accordance with the University s Travel Policy and Procedures. The University may elect to reimburse the staff member for actual reasonable expenses incurred and require production of receipts in lieu of paying the incidentals allowance. 159

163 SCHEDULE 13 Academic Level Descriptions 1. Introduction 1.1 Minimum standards for levels of Academic staff, other than a casual, are differentiated by level of complexity, degree of autonomy, leadership requirements of the position and level of achievement of the academic. The responsibilities of Academic staff may vary according to the specific requirements of the institution to meet its objectives, to different discipline requirements and/or to individual staff development. 1.2 An academic appointed to a particular level may be assigned and may be expected to undertake, responsibilities and functions of any level up to and including the level to which the academic is appointed or promoted. In addition, an academic may undertake elements of the work of a higher level in order to gain experience and expertise consistent with the requirements of an institution s promotion processes. 1.3 MSAL will not be used as a basis for claims for reclassification. 2. Definitions: For the purposes of this schedule: 2.1 Program means the study set for a particular award at the University. 2.2 Course means a discrete portion of a program with a distinct name and code and offered with an individual unit value. 3. Teaching and research Academic staff 3.1 Level A (a) A Level A academic will work with the support and guidance from more senior Academic staff and is expected to develop his or her expertise in teaching and research with an increasing degree of autonomy. A Level A academic will normally have completed four (4) years of tertiary study or equivalent qualifications and experience and may be required to hold a relevant higher degree. (b) A Level A academic will normally contribute to teaching at the institution, at a level appropriate to the skills and experience of the staff member, engage in scholarly, research and/or professional activities appropriate to his or her profession or discipline, and undertake limited administration primarily relating to his or her teaching and research activities at the institution. The most complex areas of course co-ordination should not be carried out by a Level A academic and development of course material will be carried out with guidance from more senior Academic staff. The contribution to teaching of Level A academics will be primarily at undergraduate and graduate diploma level. 160

164 3.2 Level B 3.3 Level C 3.4 Level D 3.5 Level E (a) A Level B academic will undertake independent teaching and research in his or her discipline or related area. In research and/or scholarship and/or teaching a Level B academic will make an independent contribution through professional practice and expertise and coordinate and/or lead the activities of other staff, as appropriate to the discipline. (b) A Level B academic will normally contribute to teaching at undergraduate, honours and postgraduate level, including and initiating and developing course material engage in independent scholarship and/or research and/or professional activities appropriate to his or her profession or discipline. He or she will normally undertake administration primarily relating to his or her activities at the institution and may be required to perform the full academic responsibilities of and related administration for the coordination of an award program of the institution. (a) A Level C academic will make a significant contribution to the discipline at the national level. In research and/or scholarship and/or teaching he or she will make original contributions, which expand knowledge or practice in his or her discipline. (b) A Level C academic will normally make a significant contribution to research and/or scholarship and/or teaching and administration activities of an organisational unit or an interdisciplinary area at undergraduate, honours and postgraduate level. He or she will normally play a major role or provide a significant degree of leadership in scholarly, research and/or professional activities relevant to the profession, discipline and/or community and may be required to perform the full academic responsibilities of and related administration for the coordination of a large award program or a number of smaller award programs of the institution. (a) A Level D academic will normally make an outstanding contribution to the research and/or scholarship and/or teaching and administration activities of an organisational unit, including a large organisational unit, or interdisciplinary area. (b) A Level D academic will make an outstanding contribution to the governance and collegial life inside and outside of the institution and will have attained recognition at a national or international level in his or her discipline. He or she will make original and innovative contributions to the advancement of scholarship, research and teaching in his or her discipline. (a) A Level E academic will provide leadership and foster excellence in research, teaching and policy development in the academic discipline within the institution and within the community, professional, commercial or industrial sectors. 161

165 (b) A Level E academic will have attained recognition as an eminent authority in his or her discipline, will have achieved distinction at the national level and may be required to have achieved distinction at the international level. A Level E academic will make original, innovative and distinguished contributions to scholarship, researching and teaching in his or her discipline. He or she will make a commensurate contribution to the work of the institution. 4. Research Academic staff (inclusive of creative disciplines) 4.1 Level A 4.2 Level B 4.3 Level C 4.4 Level D (a) A Level A research academic will typically conduct research/scholarly activities under limited supervision either independently or as a member of a team and will normally hold a relevant higher degree. (b) A Level A research academic will normally work under the supervision of Academic staff at Level B or above, with an increasing degree of autonomy as the research academic gains skills and experience. A Level A research academic may undertake limited teaching, may supervise at undergraduate levels and may publish the results of the research conducted as sole author or in collaboration. He or she will undertake administration primarily relating to his or her activities at the institution. (a) A Level B research academic will normally have experience in research or scholarly activities, which have resulted in publications in refereed journals or other demonstrated scholarly activities. (b) A Level B research academic will carry out independent and/or team research. A Level B research academic may supervise postgraduate research students or projects and be involved in research training. (a) A Level C research academic will make independent and original contributions to research, which have a significant impact on his or her field of expertise. (b) The work of the research academic will be acknowledged at a national level as being influential in expanding the knowledge of his or her discipline. This standing will normally be demonstrated by a strong record of published work or other demonstrated scholarly activities. (c) A Level C research academic will provide leadership in research, including research training and supervision. (a) A Level D research academic will make major original and innovative contributions to his or her field of study or research, which are recognised as outstanding nationally or internationally. 162

166 4.5 Level E (b) A Level D research academic will play an outstanding role within his or her institution, discipline and/or profession in fostering the research activities of others and in research training. (a) A Level E research academic will typically have achieved international recognition through original, innovative and distinguished contributions to his or her field of research, which is demonstrated by sustained and distinguished performance. (b) A Level E research academic will provide leadership in his or her field of research, within his or her institution, discipline and/or profession and within the scholarly and/or general community. He or she will foster excellence in research, research policy and research training. 163

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